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(영문) 수원지방법원 안산지원 2014.10.08 2014고합98
간음약취미수
Text

1. The defendant shall be punished by imprisonment for one year;

2. To order the accused to complete a sexual assault treatment program for 120 hours;

Reasons

Punishment of the crime

On January 13, 2014, the Defendant reported the Victim H (L, 18 years of age) who performed G and alcohol in a park in the vicinity of the F Hospital located in Ansan-si, Ansan-si, the Defendant: (a) reported on January 13, 2014 to the victim; and (b) called “the victim is equal to his or her father, and he or she does so; (c) he or she did so with the victim and G at a nearby potae restaurant (hereinafter “instant restaurant”); (b) returned home first, while the victim was under the influence of alcohol at around 03:0 on the same day, he or she did not come back to his or her own, etc.; and (c) led the victim to the her motherel located in Ansan-gu, Ansan-gu, Busan-si; and (d) led the victim to the said her motherel; (c) however, he or she did not have the wind of the victim while leading the victim to the said her mother.

Accordingly, the defendant attempted to capture the victim for the purpose of sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of the witness H;

3. The police statement of H;

4. Application of the Closed-circuit Television video Acts and subordinate statutes recorded in the video CDs;

1. Articles 294 and 288 (1) of the Criminal Act applicable to the facts constituting an offense;

2. Determination on the assertion of the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment,

1. The summary of the argument is that the Defendant only tried to put the victim under the influence of alcohol into the taxi at the time of the instant case, and did not intend to attract the victim and enter the instant cartel to sexual intercourse with the victim.

2. Comprehensively taking account of the following circumstances revealed by the evidence adopted and examined by the court below, the Defendant and the defense counsel’s aforementioned assertion is not acceptable, since it is sufficiently recognized that the Defendant, at the time of the instant case, led the victim to have sexual intercourse with the victim, and intended to enter the instant telecom.

A. At the time of the instant case, the Defendant.

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