2017Mau9 Quasi-rape

A

The Kim Delay (prosecution), the crypian, and the teary (Public trial)

Attorney B

April 28, 2017

A defendant shall be punished by imprisonment for three years.

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

The information on the accused shall be disclosed and notified through an information and communications network for five years.

Criminal facts

On August 14, 2016, between 23:00 and 24:00, the Defendant: (a) exceeded the victim E (25 years of age, women) and panty 203 under the influence of alcohol and had sexual intercourse once by inserting the victim’s sexual organ into the part of the victim’s sound; (b) thereby, the Defendant raped the victim by taking advantage of the victim’s mental or physical condition or the state of failing to resist.

Summary of Evidence

1. Legal statement of witness E and F;

1. Partial statement of witness G;

1. Investigation report (with respect to the arrival of a victim at the time of filing the report);

1. Response to the request for appraisal;

1. Transmission of the results of searching the DNA identification information database;

Application of Statutes

1. Article applicable to criminal facts;

Articles 299 and 297 of the Criminal Act

1. Order to complete programs;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. An order for disclosure and notification;

Determination on the assertion by the defendant and his/her defense counsel under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection

1. Summary of the assertion

At the time of the instant case, the Defendant was engaged in F and diving 203 (hereinafter “the instant pention”) and did not have sexual intercourse with the victim as stated in the instant facts charged. Although the Defendant and the victim were found to have fryed in the victim’s clothes and fry, the Defendant was found to have sexual intercourse with G and F, at around August 14, 2016, at around 21:00, when the Defendant and the victim were to fryed with a frying frying frying frying frying frying fryth of the instant pention. This is because there was a sex relationship under the agreement between G and F.

2. Facts of recognition;

According to the evidence duly adopted and examined by this court, the following facts can be acknowledged.

A. G (Nam), F (n), the Defendant (Nam), and the victim (n) were playing with the instant pentle located in Chuncheon on the day of the instant case. The trip, as a proposal of G and F, which had previously been created with the private rights, was accompanied by G, the Defendant and F, who were the pro-friendly f, and the victim and F, were the victim and F, and the F first found the Defendant on the day of the instant case (the Defendant and G concealed the fact that two persons are pro-friendly ties between the victim and F).

B. The instant pen structure consisting of 1 floor in a narrow stud stud wherein the main and the living room are combined and 2nd floor wherein it can be covered by wooden stairs. The second floor is installed only in a narrow and low space where only 1/10 is entering each boat, and a rail is open to 1st floor as a whole without door. The above fourth, around 15:00 on the day of the instant case, arrived at the instant pen, play water, and walked at the place. From around 19:00 to around 19:00, the Defendant and the victim began to drink and drink in the table of the first floor of the instant pen, and around 20:00 to 20:0, G and F used to turn on a scambling wre that the Defendant and the victim would have.

D. From 23:00 to 23:00, F, who actively displayed a sense of identification on the Defendant and the Defendant, was divingd with the second floor of the instant penta, and the Defendant and the victim interfered with F, was locked away from G’s proposal and the instant penta.

마. 피해자는 피고인과 F이 이 사건 펜션 2층에서 성관계를 하는 소리를 듣고 잠이 들었는데, 24:00경 누군가 피해자 위에 올라타 음부에 성기를 삽입하는 느낌에 잠에서 깨어났다. 피해자가 발버둥을 치고 소리를 지르며 자신의 위에 있는 사람을 밀쳐내고 불을 켠 후 자신의 옆에서 자고 있는 G을 깨워 추궁하였는데 G이 강력히 부인하자 그 다음날 00:07 경 경찰에 신고하였다.

F. At around 00:40 the following day, the victim’s inspection was conducted by going to the Gangwon Sea Center at around 00:40, and the victim’s blood alcohol level was 0.184% at the time, and the victim’s blood alcohol level was 0.184% at the time, and the sperm training reaction and the gene type of the defendant was detected in the surface of the body that was shotning. On the other hand, G was not found to have a fixed reaction at the bar of G (G did not have any female clothes, and the water play was not located thereafter).

3. Determination

In a case where a witness’s statement, including a victim, is generally consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any separate and reliable evidence to deem that the said statement is objectively acceptable from an objective perspective (see, e.g., Supreme Court Decision 2004Do362, Apr. 15, 2005). In a case where the said statement is consistent in the main part of the said statement, the mere fact that the said statement is somewhat inconsistent with the statement concerning other minor matters is not readily denied the credibility of said statement (see, e.g., Supreme Court Decision 2007Do10728, Mar. 14, 2008).

In full view of the following circumstances revealed by the evidence adopted and examined by this Court, the defendant's assertion of the defendant and his defense counsel cannot be accepted since the defendant had sexual intercourse with the victim who was under the influence of alcohol on August 14, 2016 between around 23:0 and 24:00 on August 14, 2016.

(1) With respect to the damage damage damage of this case in this legal and investigative agency, the victim consistently states the fact of damage to the purport that “any male was inserted a string of the string that he was divingd under the string of the string of the string.” The victim thought that the victim did not come to the situation, and the victim was seated in a string in the state of a string until the police officer was laid down as the sole evidence proving the damage, but it does not seem that there was any motive or special circumstance to make a false report to the police that he was out of the string of the string and was forced to sexual assault for the purpose of receiving the agreement amount.

② At the time of the instant case, the victim responded to questions whether a police officer had sexual intercourse with another male within the latest one week with regard to collecting evidence from the victim’s clothes and part of the victim’s body, and at the time of the instant case, there was a fact that a sexual intercourse with the Defendant was made between three to four days. On the day of the instant case, there was no fact that the victim had sexual intercourse with the Defendant. Thereafter, this court and investigative agency consistently stated that there was no sexual intercourse between the Defendant and the Defendant on the day of the instant case. If the victim had sexual intercourse with the Defendant, it is evident that the Defendant’s gene was detected in the clothes and part of the victim’s body. If the victim had sexual intercourse with the Defendant on the front day of the instant case, the victim was suspected of having sexual intercourse with the Defendant on the first floor, and there was no reason to conceal or deny the Defendant’s sexual intercourse with the Defendant. In light of the time and part of the instant case’s body, the victim was open to the middle time and part of the instant case’s body.

④ After the drinking place on the day of the instant case, the Defendant went to the second floor of this case where he tried to am F and diving. As alleged by the Defendant, if the Defendant had already been sexual intercourse with the victim, then the circumstance that the Defendant was easily affirmed that the Defendant did not do so, or that the victim did not interfere with the Defendant and F, according to G’s proposal. 6 G, F stated that he was unaware of the fact that the Defendant and the victim were sexual intercourse at the time when the instant pent was put to the instant pent, and that the Defendant had sexual intercoursed with the victim after being arrested as the initial offender was released. Ultimately, the evidence that the Defendant and the victim had sexual intercoursed only is proved by the Defendant’s statement on the day of the instant case.

6. On the following day of the case where G was arrested, the Defendant continued to see this situation by telephone to the victim, while the victim was under way to undergo an electronic inspection while the Defendant did not have any reason to harm the Defendant, and sent her clothes to the State. They must not be able to use. G, and G was aware of the fact that he did not have any sex relationship with the victim at all. The Defendant did not mention the sex relationship with the victim. If the Defendant had a sex relationship with the victim, it is obvious that the Defendant would be detected from the gene test of the victim’s gene, and there was no concern or mentioning that the Defendant would have no possibility to see that the Defendant was under way sentenced to imprisonment twice for a sex crime, and that there was no possibility that the Defendant was under way to see the victim’s gene location at the time of the instant case, and that it was difficult to see that the Defendant was under way to see that he was under way to see the victim’s motive or dyke the victim’s appearance at the time of the instant case.

④ Ultimately, the Defendant’s assertion that the Defendant and the victim have a sexual intercourse under the agreement around 21:00 on the day of the instant case cannot be accepted. The victim cannot be deemed to have reported her scambly by punishing scams, and as long as the Defendant’s gene was detected in the clothes and negatives of the victim, the Defendant is a criminal of the instant crime.

Reasons for sentencing

1. The scope of punishment;

From 3 years to 30 years of imprisonment;

2. Scope of recommendations;

[Determination of Punishment] General Criteria for rape (subject to 13 years of age or older)> Chapter 1 (General Rape)

[Special Convicted Persons]

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment for 2 years and 6 months to 5 years

3. Determination of sentence: The crime of this case for three years is deemed to have been committed by the Defendant, who had sexual intercourse with the victim first who had met with the victim on the day of this case, and had been unable to resist due to sleep. Such criminal act by the Defendant appears to have suffered huge shock and pain for the victim. Nevertheless, prior to the crime of this case, the Defendant denied the crime of this case by asserting that he had sexual intercourse with the victim prior to the crime of this case, and did not pay any effort to compensate for damage to the victim or to take a letter of suspicion. In addition, the Defendant is likely to have committed a sexual crime, even though he was sentenced two times to imprisonment and was attached to the electronic tracking device at the time of this case, and thus, even if he had been unable to resist, it is likely that the Defendant had committed another sexual crime.

Considering this point, it is inevitable to place the defendant with severe punishment. Other factors such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, method of the crime, circumstances after the crime, etc., the punishment is determined like the order.

Where a conviction becomes final and conclusive on the crime of this case in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to

The presiding judge is the presiding judge.

Judges Ish Jeong-hee

Judges Park Jae-young