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(영문) 울산지방법원 2017.10.12 2017고합169
준강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The bottom part is part that is recognized by correcting part of the facts charged.

The defendant is a person who is engaged in the duty of driving a taxi for business use C.

On April 8, 2017, the Defendant: (a) driven the above taxi on April 22:46, 2017, and was under the influence of alcohol on the front side of the D apartment unit in Ulsan-gu, Ulsan-gu, Seoul-do, and was on board the victim E (the victim E (the victim 23 years old), who was working on the same day, was on board, and was moving to the Fside of Ulsan-gun, Ulsan-gun, the purpose of which is for the victim who was driving on the same day; (b) around 2:51 on the same day, the Defendant set the above taxi on the road near the H stop located in Ulsan-gu, Ulsan-gu, Seoul-do.

After that, under the influence of alcohol, the Defendant: (a) told the Defendant to rape the victim on the ground that the victim was under the influence of alcohol; (b) laid the victim in the back seat of the said taxi; (c) laid the victim in the back seat of the said taxi; and (d) shut the door on the back seat of the said taxi.

Defendant 1 retired from the victim’s panty line and panty line at the back of the above taxi, and had sexual intercourse once by inserting the Defendant’s fingers into the part of the victim’s sound, inserting his fingers into the part of the victim’s chests, exposing his fingers into the part of the victim’s chests, making the victim’s chests prompt and sexual intercourse with the victim’s chests, and inserting the Defendant’s sexual organ into the part of the victim’s sound.

Then, the Defendant got out of the taxi to take back the victim who tried to re-bed while drunk. On April 9, 2017, the Defendant again got the victim with the lower seat of the above taxi on April 00:04, and had sexual intercourse with the victim by inserting the Defendant’s sexual organ into the lower part of the victim.

Accordingly, the defendant had sexual intercourses with the victim twice by taking advantage of the victim's mental and physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and I;

1. Blue video records of taxi stuffs;

1. Written response to a request for appraisal;

1. Determination as to the assertion by the Defendant and the defense counsel for each investigation report

1. The defendant and the defendant.

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