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(영문) 의정부지방법원 고양지원 2018.06.12 2017고합262
준강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On June 28, 2017, the Defendant had sexual intercourse by inserting the victim’s chest and panty in a state of loss of human body or impossibility of resistance, by inserting the sex into the victim’s panty and inserting it into the victim’s panty, which was under influence of alcohol in the Defendant’s dwelling area (n, 27 years of age) located within the Defendant’s dwelling area located within the Dong-gu building No. 345, U.S. building D. 345.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the prosecution against E;

1. Details of conversation between the victim and the victim, divided by the victim;

1. Determination as to the assertion of CCTV CDs and defense counsel

1. The Defendant and his defense counsel in the gist of the assertion: “The victimized person was not under the influence of alcohol at the time, and the Defendant was aware that the victimized person was aware of his awareness of his awareness, so there was no intention of quasi-rape, and no crime may be established on the ground that the sexual organ was not inserted.

“To the effect that “” is asserted.

2. Comprehensively taking account of each evidence of the judgment and the following circumstances known therefrom, the defendant can sufficiently recognize the fact that the defendant has sexual intercourse with the victim who was physically or physically deprived or incapable of resisting due to sleep. Thus, the defendant's assertion is without merit.

A. From the investigative agency to this court, the victim consistently entered an officetel in which the Defendant and the Defendant were living, and continued to sleep and sleep.

잠에서 깨어 눈을 떴을 때 바지와 팬티가 벗겨져 있었고, 피고인이 몸 위에 올라 타 성기를 삽입한 상태였다.

In this regard, the term "attention" was called "attention" and "at an officetel."

“The content of the instant facts charged and the facts charged before and after the instant facts charged, such as the Defendant’s entry into an officetel and the circumstance where the Defendant was aware of the Defendant’s crime, were specific and mutually stated, and the victim’s motive or reason to make a false statement is found.

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