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1. The defendant shall be punished by imprisonment for three years;
2. The Defendant’s disclosure of information by means of an information and communications network for three years.
Reasons
Punishment of the crime
around 02:00 on September 14, 2012, the Defendant, as a foreigner of the U.S. nationality, drinked a place to a G-6 guest with the name of “E” club located in Yongsan-gu Seoul Metropolitan Government, with the 5-6 guest with whom the name of “F” (the 28 years of age) and its location cannot be known, and drinked from the H-S30 on the street in front of the H convenience store where the Defendant is living together with the victim and moved together with the above person including the victim, thereby drinking the alcohol from around the day to 13:30 on the same day.
On September 14, 2012, between 13:30 to 13:50 on September 14, 2012, the Defendant, at the above convenience store, had the victim talked with the above convenience store, brought the victim in the Defendant’s residence, brought the victim into the Defendant’s house with the fourth floor located in Yongsan-gu Seoul Metropolitan Government I to have sexual intercourse with the Defendant.
On September 14, 2012, the Defendant, at around 14:00, her residence, dumped a victim without mind, who was drunk, laid off the victim on a cump, and started to be off the victim’s bums and panty.
Therefore, the victim, who gets a mind, tightly and repeatedly told the Defendant “NO or NO” and repeatedly, but the Defendant, under the influence of alcohol, she was raped by having the two arms of the victim, who do not have any power to her body, flow the victim’s head into one hand, cut off the victim’s will and panty, cut off the victim’s body, and prevented the victim from resisting the victim’s body more than half with the victim’s body.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness J;
1. Statement made by a witness F in the third protocol of the trial;
1. Records of seizure and the list of seizure;
1. Application of the reply statute to the request for appraisal made on October 8, 2012
1. Relevant Articles of the Criminal Act and Article 297 of the Criminal Act concerning the crimes;
1. Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply to an disclosure order;
1. Article 41 (1) 1 and 41 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;