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(영문) 대전지방법원 천안지원 2020.04.08 2020고합1
준강간등
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

1. Around 02:00 on November 8, 2019, the Defendant: (a) discovered the appearance of the victim D (n, 20 years of age) under the influence of alcohol, having lost the mind, and having been used on the floor; (b) caused the victim’s knife to knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

2. At the time and time set forth in paragraph (1), the Defendant, at the Defendant’s residence in the above apartment E, took advantage of the victim’s breath of alcohol and lost mind to resist, walking the victim’s standing on his hand and taken charge of his breast, by taking advantage of the victim’s state of failing to resist, etc., she was promptly able to leave the victim’s breast.

The defendant continued to be off the clothes of the victim, putting his fingers into the part of the victim's sound, scam of the victim, and scam of the defendant's sexual flag into the part of the victim, and sexual intercourse with the victim by inserting them into the part of the victim's sound.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The written statement of the defendant;

1. On-site reports (CCTV image analysis, on-site investigation, etc.), internal investigation reports (to secure the list of occupants at the place of occurrence), internal investigation reports (to refer to households and their addresses), investigation reports (to refer to the analysis of reports on requests for appraisal), and investigation reports (related to male DNA detected by the body of a victim);

1. A medical record for sexual assault victims and a medical report;

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

1. Application of CCTV-recording photographs, CCTV-recordings storage CDs, on-site photographs-related Acts and subordinate statutes;

1. Article 288 (1) of the Criminal Act applicable to the crime (the point of abduction), Articles 299 and 297 of the Criminal Act;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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