(영문) 서울남부지방법원 2016.06.10 2015고합306

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.06.10 2015고합306

성폭력범죄의처벌등에관한특례법위반(주거침입준강간)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On November 30, 2014, the Defendant: (a) the victim F (n, 25 years of age) who is a workplace club at a restaurant near Yangcheon-gu Seoul, Yangcheon-gu, Seoul; and (b) the victim was breadding with the victim F (n, 25 years of age); (c) the victim was bread by drinking, and (d) the victim was able to gather the victim.

At the same time, the victim has been faced with.

The Defendant: (a) caused the victim to fall into the “Hel” in G and 206 front of 206; and (b) prevented the victim from entering and leaving the door as a measure; (c) however, the Defendant used the key posted to the visit and intruded into the structure managed by the victim by entering into the door 206.

On the same day from 23:02 to 02:01 on December 201, 201, the Defendant had sexual intercourse with the victim using the victim’s state of resistance by putting the Defendant’s sexual organ on the Defendant’s sexual flag and inserting the Defendant’s sexual organ into the victim’s sexual organ, and inserting the victim’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant committed rape against a person who violated a structure.

Summary of Evidence

1. Statement made by the witness F in the third public trial records;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with regard to F;

1. A report on the preparation of a record and a copy of the CCTV CD in the Heel;

1. Each reply to the request for appraisal (as to the toxic chemical of narcotics and the detection of the Red Sea Ingredients) (in relation to the analysis of genes and the detection of male genes), [the defendant and his/her defense counsel does not intrude into the guest room without the consent of the victim with respect to the part affected by a structure, and as to the part affected by a structure, the victim and his/her defense counsel wished to naturally engage in sexual intercourse with the victim;

The defendant did not have the intention of quasi-rape, and the victim shall be able to have the mental and physical loss or resistance at the time.

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