logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.12.13 2018고합29
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

1. The Defendant became aware of the victim B (the 40 years of age) through a police officer at the beginning of September 2017.

On November 11, 2017, the Defendant appeared at a meeting from around 17:00 to around 17:00, when the Defendant appeared at a meeting of friendship with the body of the victim. The victim was able to sit in the game while mixing with the beer and beer, and was locked, and the victim’s behaviors were lying the victim on the floor.

The Defendant, when the police officers of the victim left in the room, exceeded the clothes of the victim and sexual intercourse once under the influence of alcohol on November 12, 2017, and had sexual intercourse with the victim using a state of resistance impossible.

2. Around November 12, 2017, at around 02:30, the Defendant: (a) was raped on the victim’s body, who was faced with the victim’s sleep, without any force after the victim was frighted from diving; (b) was her hand, divided the victim’s grandchildren by force; and (c) forced the victim’s resistance; and (d) was raped once by sexual intercourse with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, E, F, and G;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement protocol against B, F, G, and E;

1. Each protocol of seizure and the list of seizure;

1. Details of the report or the message of the digital forensic portal as a result of the analysis of digital evidence;

1. Complaints and legal counseling applications;

1. Character messages;

1. Recording records;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on seizure site photographs and site photographs;

1. Article 299, Article 297 of the Criminal Act and Article 297 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by grave crimes for rape);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) are as follows.

arrow