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(영문) 수원지방법원 안양지원 2018.04.13 2017고합245
준유사강간
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant was between the father of the victim D (the family name, the father of the 23-year old) and the father of the Dong Dong-dong, and was aware of the victim's "here" as "here".

around 21:00 on October 11, 2017, the Defendant contacted the victim with “Issing to drink together,” and drinking alcohol at a restaurant, including “E” and “F,” from that time until October 12, 2017, with one victim, neighboring Ssinger personnel, from October 12, 2017.

Then, when the defendant returned home and comes to be separated from the victim, the defendant would be able to drink with the victim at the convenience store, and the victim would be able to do so.

On October 12, 2017, the defective victim stated that "at least there is no room to drink," and administered the defective victim together with the victim of the H hotel G H hotel 302 located in Mayang-gu G around 04:40 on October 12, 2017.

On October 12, 2017, the Defendant: (a) around the new wall between 04:40 to 09:30 on October 12, 2017, the instant H hotel 302; (b) the Defendant’s bed against the Defendant; and (c) the victim, while the victim was a bed with the bed with the bed with the bed with the bed with the bed with the bed with the bed with the bed with the bed with the bed with the victim under the influence of alcohol; and (d) placed the bed off the panty of the victim; and (e) placed the Defendant’s finger off the panty of the victim; and (e) laid the victim

Accordingly, the Defendant used the victim's potential to resist, thereby committing similar rape.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with respect to D;

1. Application of the Act and subordinate statutes to investigation reports (emergency set out), investigation reports (in an emergency), CCTV image data attached to a H hotel (H hotel 302), investigation reports (Attachment to the guest room records attached to H hotel 302), investigation reports (defluences by the State and the results of appraisal (suspect DNA detection)), investigation reports (STV image verification); and investigation reports (CCTV image verification);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Exemption from an order of disclosure and notification;

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