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Reasons
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(영문) 부산지방법원 2018.06.29 2018고합74
준강간등
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On September 29, 2017, the Defendant discovered that the victim E (here 24 years of age) is drunk on the road near Busan Ma on September 23:30, 2017, and intended to have sexual intercourse with the victim.

Accordingly, the defendant laid the victim who was unable to take the influence of alcohol in the taxi, thereby getting about 9k away from about 808 km in the Jung-gu Busan, Jung-gu.

Under the influence of alcohol, the Defendant continuously placed a victim without awareness on the bed, and embling one’s sexual organ on the bed and inserted the victim’s sexual organ into the victim’s sexual organ, thereby rapeing the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-competence condition.

2. On September 30, 2017, the Defendant: (a) knew that at the guest room No. Gel No. 808 as stated in paragraph (1) around 06:00, the Victim E was damaged as described in paragraph (1).

At the same time, the 112 report on the cell phone was made by reducing the cell phone value of the victim who suffered from the defect of the 112 report from the cell phone and allowing the department to take the cell phone floor so far, thereby damaging the property of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol by the police for E;

1. Field photographs, etc.;

1. A report on the results of field identification;

1. 112 reported matters;

1. Photographss of victims and damaged objects;

1. Response to a request for appraisal;

1. A investigation report (Attachment to the closure of on-site CCTV images) and a photograph of a CCTV-cape;

1. An investigation report (as to the report of victim 112), text message (as to the report of victim), and a mobile phone was damaged because the injured person left a mobile phone to the defendant in the process of physical fighting;

However, according to the aforementioned evidence, the victim made a detailed and consistent statement that “the defendant was faced with the cell phone so as to cover the cell phone so as to cover the cell phone,” and ② according to the victim’s 112 report details, the victim’s victim is the victim around June 30, 2017.

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