logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.06.14 2018고합105
준유사강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant, from November 15, 2017 to November 16, 2017, from around 21:05 to around 03:00 on November 16, 2017, had 10 people, including the victim C (the victim, the victim, 21 years old) hold a meeting for open hosting, and had the victim, who had drinking after drinking alcohol, she got a taxi with the victim, and had the victim get a taxi into a similar rape.

Although the facts charged in the indictment stated that “the defendant had the intention to engage in sexual intercourse,” in full view of the names of the crimes stated in the indictment and the applicable legal provisions, the prosecutor made it clear that the case was prosecuted for quasi-rape, not quasi-rape, and accordingly, appropriately revised the facts charged.

In light of the fact that a similar rape sentence is more minor than the rape, the amendment of the charges would result in substantial disadvantage to the defendant’s exercise of his/her right to defense.

The defendant, around November 16, 2017, at around 03:30 on November 16, 2017, off the victim's breath in Gangdong-gu Seoul Metropolitan Government E from the victim's breath under the influence of alcohol, inserted her fingers into the victim's negative part, and the victim shall also discuss.

In addition, the lower part of the kne kne and kneel bed were examined and the lower part of the kne kne and then the lower part of the kne kne to the victim again inserted the kne kne to the sound of the victim.

Accordingly, the Defendant, under the influence of alcohol, committed similar rape against a victim in a state of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement concerning each part of the protocol of the prosecution or the police examination of the accused;

1. Statement made by each police with respect to C (tentative name) (1 and 2 times);

1. The application of each request for appraisal, and a copy of a written arrest of a flagrant offender;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

arrow