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(영문) 수원지방법원 안산지원 2017.08.18 2017고합104
준강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a nurse with 17-year experience working at the "OO hospital" located in Ansan-si, Seosan-si, and the victim E (n, 22 years old) is a training nurse of the above hospital.

On March 3, 2017, the Defendant proposed that the victim, a probationary employee organized as the same group of work at the above hospital, “I am Y, I am Y, I am Y. I am am am am am am am am am am am am, and I am am am am am am and am am am am am am am am, and am am am am am am am am in Ansan-si F.

At that place, the defendant himself / herself / herself 14-proof of alcohol content, and the victim, while drinking each own alcoholic beverage by ordering a liquor with a higher amount of alcohol content, was able to have sexual intercourse with the victim by taking advantage of such opportunity.

Around 01:31 the following day, the Defendant, at the above main point, fluenced the victim without food, and fluenced the victim, and fluenced the victim into the victim’s h 711, who was in the vicinity of his residence, and fluenced the victim’s clothes, fluenced the victim’s sexual organ into the victim’s sound book, and fluenced the victim’s own sexual organ into the victim’s sound book.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. A report on internal investigation (including documents attached thereto as a result of a request for appraisal);

1. Application of CCTV video-related Acts and subordinate statutes inside or outside the wedding place and suspect's residence;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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 an order to disclose or a notification order; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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