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(영문) 청주지방법원 2018.01.26 2017고합287
준유사강간등
Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the victim C(n, 25 years of age) and the workplace compensation relationship.

1. A quasi-Rape: (a) on March 19, 2017, the Defendant, at the home of the victim at the 3rd said floor located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, D, with both the victim’s working clubs, including the victim, who drinks alcohol together with the working club fees; and (b) when the victim was boomed with the victim, she was frightd by drinking together with the victim; (c) she was placed in the part of the victim’s drinking and panty; and (d) she was frighted by inserting the victim’s her finger, and her finger was frightd by inserting his her brightness.

As a result, the defendant committed an act of inserting part of body such as fingers, etc. in the victim's sexual organ during the victim's sexual organ by using the victim's resistance impossible condition.

2. Around 22:00 to 23:00 on March 25, 2017, the Defendant stated in the police the date and time of the damage to the victim “ around 22:00 to 23:00 on March 25, 2017 (the investigation record 8,49 pages)” (the investigation record 8,49 pages) and in this court, the Defendant stated to the effect that “a cellular phone was confirmed after the victim was damaged, but was at least before March 26, 2017.” (the record of the examination of the witness C was 58,59 pages), the Defendant corrected the date and time of the crime according to the statement of the said victim, and in light of the content of the Defendant’s assertion and the process of the deliberation of the instant case, the victim did not disadvantage the Defendant’s exercise of his right to defense even if the correction was made.

The decision is judged.

In the case of paragraph 1, C and 403 of the same housing unit C, together with the fluorites of the victim, were returned home, and the victim was spantyed in a state where the victim was spanty with the victim and panty, exceeded the victim's panty and panty, tightly included the victim's sexual organ into the victim's fluor.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of the law of each police statement protocol to C

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