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(영문) 서울동부지방법원 2018.10.05 2018고합210
준강간
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 19:00 on December 26, 2017, the Defendant: (a) graduated from the same high school as the Defendant at a restaurant near Gangdong-gu Seoul Metropolitan Governmentcheon-dong (the name, the age of 20) and (b) the Defendant’s private village and the Defendant’s private village, and (c) the victim’s friendship C was drinking at the same time.

1. On December 26, 2017, the Defendant, at around 23:00 on December 26, 2017, committed the crime, and around 23:00, the Defendant returned home first, and when the victim was unable to walk properly under the influence of alcohol, the Defendant her sexual intercourse with the victim by inserting the victim’s lower panty and panty, and inserting the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

2. On December 27, 2017, the Defendant, at around 04:00 around December 27, 2017, at the same place as Paragraph 1, where the Defendant had sexual intercourse with the victim, as set forth in Paragraph 1, and discovered the victim under the influence of alcohol between the Defendant and his female at home, and again, was off the victim’s lower and lower panty, and added the Defendant’s sexual organ into the part of the victim’s sound, thereby having sexual intercourse.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Statement made by the police against B;

1. A complaint, a response to a request for appraisal (net 7), data to capture CCTV images, CCTV CDs, telephone call details, and telephone recording CDs;

1. Application of the Act and subordinate statutes to the investigation report (in relation to the submission of a record on the CCTV image, on the suspect F dialogue);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in quasi-rape of rape on December 27, 2017, with heavy circumstances)

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. Article 47(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to an order to disclose, notify, and restrict employment.

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