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(영문) 수원지방법원 2019.02.15 2018고합387
아동ㆍ청소년의성보호에관한법률위반(강간등치상)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B(n, 17 years of age, 17 years of age, 17 years of age) of 2018 are the first time of the occurrence of the case through C.

At around 05:00 on June 1, 2018, the Defendant, while drinking alcohol together with the victim and C, etc. around the Square of the building D, had the victim under the influence of alcohol and had sexual intercourse with the victim. The Defendant, under the influence of alcohol, led the victim to a F female toilet with approximately 100 meters away from the victim’s panty and panty, and had the victim sited into the victim’s sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim.

As a result, the Defendant had sexual intercourse with the victim who is a child or juvenile who is unable to resist under the influence of alcohol, and thereby, the Defendant suffered from an appearance test that requires medical treatment for about two weeks.

around 01:00 on July 23, 2018, the Defendant driven a otobs without a license plate in the state of alcohol concentration of 0.167% while under the influence of alcohol at approximately 4 km from the Do in front of the H store located in G in Kimpo-si, Kimpo-si to the roads in front of the J high school located in Kimpo-si, Kimpo-si.

Summary of Evidence

"2018 Gohap387"

1. Defendant's legal statement;

1. Each police statement made to K and C;

1. Stenographic records of the Gyeonggi-do Center;

1. A victim video CD;

1. Two copies of the medical certificate of injury;

1. Report on internal investigation (C and L, June 5, 2018), report on internal investigation (STV data secured and analyzed), and search for security guards;

6.10.10) and report on internal death (the extraction of oral cells);

6.8.

1. Medical record 1 and 2 of the victims of sexual assault, and the body clock for collecting evidence of sexual assault;

1. Photographss, investigation reports, investigation reports (a photographic file), and criminal investigation reports (a map, photographic file, and CCTV file);

1. Details of 112 reported cases processing;

1. Investigation reports (the results of appraisal- alcohol concentration and drug examination), reports on requests for appraisal, reports on requests for appraisal (2018-M-13874), files of reports on investigation and appraisal results;

6.27. Requests for genetic analysis and assessment of genes.

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