(영문) 인천지방법원 2019.05.10 2018고합823

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자간(%)

(영문) 인천지방법원 2019.05.10 2018고합823

강간등

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

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

Reasons

Punishment of the crime

1. Around 22:00 on June 24, 2018, the Defendant: (a) committed sexual intercourse only once after: (b) was unable to resist the victim’s body by: (c) having been aware of through “D”, a smartphone hosting c, in the ward in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, by drinking the victim’s body while drinking alcohol; (d) having the victim “accident”; (c) having the victim’s arms in hand taken the victim’s body; (d) having the victim taken the victim’s arms at the bed; (e) having the victim taken the part; (e) getting the victim from the bed; and (e) going off the victim’s will and panty body; and (e) the victim forced the victim to do so; and (e) having resisted the victim’s body, the victim’s body could not be divided into the victim’s body even though she did not go against the victim’s body.

Accordingly, the Defendant raped the victim.

2. The injured Defendant assaulted the victim at the time, time, place, as mentioned in Paragraph 1, that the victim resisted at the resistance and ceased rape, and told the victim intending to go together with clothes that “I would have known about the victim’s face, etc. to go out of the house,” and caused the victim’s face, hair, head, etc. to be faced with the victim’s face, head, etc. at a time and several times, so that the victim’s face, head, etc. may be faced with the victim’s face, head, etc. at the floor or door, thereby causing about two weeks of treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness E and the statement of witness E in the second protocol of the trial;

1. Statement of victim made by the prosecution against E;

1. Each police officer's statement of victim to E;

1. Each gene appraisal report;

1. Investigation report (investigation of reporters);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to capture photographs of the F dialogue between the suspect and the victim, photographs of the victim on the day of the incident, and photographs of the suspect's residential CCTV images;

1. Relevant Article of the Criminal Act, Article 297 (Rape) of the Criminal Act and Article 257 of the Criminal Act concerning criminal facts.

참조조문

-형법 제257조

-형법 제297조

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