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(영문) 서울남부지방법원 2017.01.05 2016고합367
준강간
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

At around 01:00 on November 30, 2015, the Defendant, along with D and E, worked together with the victim G (n, 20 years of age) around the F Station in Gangnam-gu Seoul, Gangnam-gu, Seoul, followed the Defendant’s drinking at around 01:0, while drinking at around 07:00 on November 30, 2015, and drinking at the Iel located in H, including the victim, while drinking at around 07:0 on November 30, 2015.

On November 30, 2015, the Defendant, at around 09:15, 09:15, she drinks alcohol to other rooms, and the Defendant, as the horses of D, had 308 heading rooms with the victim and 3 other 308 heading rooms, and talked about television with D and the room, and the victim was able to take a part in the bed while drunk.

On November 30, 2015, around 09:41, the Defendant: (a) around 09:41, the 308 head of the household, she left with the victim in the 308 head of the household; (b) around that time, the Defendant exceeded all of the clothes of the victim who was locked under the influence of alcohol and inserted the sex into the sound part.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness G, J and K [the victim] was locked in the course of this court and investigation with the defendant and D while drinking alcohol in the telecom with the defendant and D, and the defendant tried not to have sexual intercourse above his body because he was able to do so.

I tried to see and see again, and stated to the effect that the defendant does not have any response to sexual intercourse.

The statement made by the injured party is relatively consistent and concrete in relation to the act of the accused, the response of the injured party, the situation before and after the crime.

In addition, considering the fact that the blood alcohol concentration from the blood collected around November 30, 2015, even though the victim had never drinking alcohol since her her her her her her her her her her her her her her her her her math from the her her her her mother, is 0.095%, the victim was under the her her frith alcohol concentration around November 30, 2015.

I seem to appear.

On November 30, 2015, the victims are D and Messengers.

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