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(영문) 수원지방법원 안산지원 2019.01.07 2018고합301
준강간등
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

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

1. The Defendant: (a) around 04:00 on July 8, 2017, at “C” clubs located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) reported that the victim D (at the age of 22) was drunk and discharged from the toilet; (c) moved the victim to his/her table; and (d) the victim took her head on the Defendant’s buckbuck.

The Defendant, as above, had been divingd by the victim with his own land added to his own land, and the victim had been absent from the table so that he was unable to do so.

The Defendant discovered the victim who was seated on the floor by spreading at the entrance of the above club, and attempted to capture the victim and engage in sexual intercourse with him. At around 06:39 on the same day, the Defendant sent the victim to the room of the “F” telecom located in Yeongdeungpo-gu Seoul Metropolitan Government E.

The Defendant, in the above room, she placed the victim under the influence of alcohol on the bed, and exceeded his clothes on the bed, and had sexual intercourse once more.

Accordingly, the Defendant, under the influence of alcohol, has sexual intercourse with the victim who has been unable to resist.

2. On April 12, 2018, the Defendant: (a) around 03:19, the Defendant entered the victim I who danced in the H “H” club located in Gangnam-gu Seoul, Seoul; and (b) the said victim’s age in the facts charged of 25 years of age as “24 years of age”; (c) according to the records, the said victim is clearly 25 years of age at the time of the said crime, as he/she was K.K (Evidence No. 4, 7, and 20 pages of the evidence record) and thus, ex officio corrected and recorded as above.

1) The Defendant committed an indecent act against the victim by assaulting the victim. The summary of the evidence [paragraph (1) at the time of display]

1. Defendant's legal statement;

1. Each police officer's statement to D (alias) and J;

1. The details of a photograph, such as a photograph, after a CCTV closure;

1. Details of use of suspect cards and recording records thereof;

1. A copy of a medical certificate or examination and treatment set;

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