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(영문) 서울동부지방법원 2018.06.28 2018고합95
준강간
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

around 01:00 on October 3, 2017, the Defendant became aware of the victim while working together with the Defendant E (V, 20 years of age) at a club D located on the first basement of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul and drinking together with the Defendant’s drinking and drinking together.

around 09:00 on the same day, the Defendant is written in the indictment of Seongdong-gu Seoul, Seongdong-gu Seoul, F and B (B) 02 as “B01,” but it is obvious that this is a clerical error.

A person who has moved a taxi along with the victim and the defendant's friendly G to enter the place of residence, and has marked his hosium from the above club to the other person.

G and the victim met together in the bed room, and the defendant was able to do so in the clothes room adjacent to him.

The Defendant discovered a victim and G, who was in a room at around 11:00 on the same day and was in a room with clothes only when the Defendant got in a room at around 11:00, and was in a room with the victim and G.

In the state of being under the influence of alcohol, the victim was faced with the victim under the influence of alcohol, and the victim was spanty of the victim, and the victim was exempted from the victim's panty, and the victim was sexual intercourse with the victim by inserting his or her sexual organ into the victim's panty.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (two times);

1. Statement made by the police for each victim;

1. Application of the Acts and subordinate statutes to the complaint prepared by victims;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant shall have the history of criminal punishment).

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