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(영문) 서울북부지방법원 2016.08.12 2015고합369
준강간치상
Text

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

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

Reasons

Punishment of the crime

On June 6, 2015, from around 20:30 to the next day 03:00 of the following day, the Defendant drinked four alcohols, including the victim D (n, 25 years of age), who is an employee of the same industry, with four alcohols, including the son D (n, the 25 years of age), and the son from the gate to the 5th level. On June 7, 2015, the Defendant was under the influence of the victim, and the Defendant was under the influence of the alcohols around 03:0, and the Defendant was under the influence of the alcohols to the cab.

Around 03:32 on June 7, 2015, the Defendant, as seen above, tried to have sexual intercourse with the victim by putting the victim at the house of the Defendant in Seoul, China-gu, and 04:20 on June 7, 2015, by taking advantage of the victim’s influorous resistance impossibility situation, under the influence of alcohol in the above dwelling area from around the same day to around 04:20 on the same day, using the victim’s influorative condition, she exceeded the part of the victim, and she tried to have sexual intercourse with the victim by inserting the victim’s sexual organ into the part of another Defendant’s sexual organ who suffered from the victim’s sexual organ located above the victim’s body. However, in the process, the victim failed to take the part of the victim’s sexual organ and failed to take the part of the victim’s sexual organ to complete treatment by inserting the victim’s sexual organ, but suffered from the victim’s injury, such as leaving the left part of the left part, and the d part of the blood.

As a result, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance, but was inflicted an injury on the victim during that process.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

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

1. Statement made by the prosecution with regard to D;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Each police statement made to D, F, G, and H;

1. A written diagnosis of injury;

1. Each response to a request for appraisal;

1. Each photograph, text message photograph, and USB (blue file);

1. Each report on investigation;

1. 12.

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