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(영문) 의정부지방법원 2017.04.26 2017고합3
준유사강간
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant, at the early flooding place, her first met with the victim E (name, 25 years of age) and the victim’s friendly F, and her friendly F, followed the Defendant’s drinking at the victim and F’s accommodation at the Defendant’s early flooding place, and found the drinking to the above accommodation along with D.

On August 6, 2016, at the above accommodation around 07:00, the Defendant saw drinking together with the victim, F, and D, saved and saved by the victim’s side while saved. Then, the Defendant saved the victim’s body, exceeded the victim’s sab and clothes, and saved the victim’s chest, and saved the finger into the part of the victim’s sound.

Accordingly, the defendant committed similar rape in the indictment for the loss of the victim's mental and physical nature.

Although it is written, it means a case where psychological or physical resistance is not possible due to reasons other than loss of body or body, and if the victim was under influence of alcohol, it constitutes a mental or physical loss, and it is not possible to resist (see Supreme Court Decisions 76Do3673, Dec. 14, 1976; 2001Do3490, Sept. 14, 2001; 2001Do3490, Sept. 14, 2001). In light of the fact that the victim was divingd in the facts charged, and the defendant used the term "damage of body or body" as "loss of body and body," and as examined thereafter, the defendant and his defense counsel used the term "non-fluence of resistance" in the meaning of "loss of body and body," and thus, it shall be corrected without following the amendment of indictment procedure, since it is not likely to cause any disadvantage to the defendant's defense right.

Using the state of a similar rape, the victim was raped.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, and D;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Application of the Act of the response to the request for appraisal;

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