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(영문) 서울중앙지방법원 2019.09.17 2019고합272
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 24, 2019, at around 05:39, the defendant found the victim D (e.g., 30 years of age) who was drunk and flown in front of the 'C' located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and did not find his own behaviors, and went back to the Seoul Yongsan-gu building and the defendant's residence in the Yongsan-gu Seoul and the F.

From around 05:43 on the same day, the Defendant stated “bes” in the written indictment of the victim who has lost mind due to drinking alcohol, and it appears to mean the whole of the victim’s name and subordinate. It is difficult to deem that the Defendant was exempted from the victim’s subordinate, as seen in the “not guilty part.” As such, in order to clarify this, the Defendant partly revised the facts charged without the amendment of the indictment, to the extent that it does not disadvantage the Defendant’s exercise of his right to defense. To the extent that it is clearly stated, the Defendant was exempted from the indictment, and the Defendant was given circumstances on the part of the victim.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental or physical state of difficulty.

The facts charged of quasi-Rape include the facts charged by quasi-indecent act, and in light of the process of the trial of this case, there is no concern about the defendant's exercise of his right to defense, and thus, it recognizes the facts charged by quasi-indecent act without the procedures of changing the indictment.

Summary of Evidence

1. Each legal statement of witness D and G;

1. Each police statement made to H and I;

1. Responses to the request for appraisal, results of the assessment by the National Institute of Scientific Investigation and Investigation;

1. An investigation report (J-cafeteria, CCTV image investigation by K-Pacs, investigation report (suspects and victim's moving route), investigation report (C main inquiry), investigation report (field photo), investigation report (field photo), and investigation report (C) (hereinafter referred to as "C");

1. Application of the Acts and subordinate statutes governing mobile route CCTV photographs and CCTV video CDs;

1. Relevant Article of the Criminal Act, Articles 299 and 298 of the Criminal Act, and choice of imprisonment for a crime;

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