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(영문) 서울중앙지방법원 2017.08.24 2017고합561
준강간등
Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On December 15, 2016, at around 04:21, 2016, the Defendant committed an indecent act by force against the victim J (the age 19) first known from the 6th floor “Gel” corridor located in Seocho-gu Seoul Metropolitan Government H on the same day at the “Gel” corridor located in Seocho-gu Seoul Metropolitan Government, by drinking so that the victim J (the age 19) was deprived of the mind, was able to take the part on the floor, and the victim’s right chest turn down two times by hand from around 04:24 to 04:25 on the same day, and committed an indecent act against the victim who was in an impossible state of resistance.

B. Around December 15, 2016, the Defendant, at around 04:27, committed sexual intercourse with the victim, who was in a state of resistance, led to the said victim J (Y, 19 years of age) to her quality with his/her employees and led him/her to her to 602, under the influence of alcohol by drinking her employees on the sixth floor of “GMoel”.

2. On December 15, 2016, Defendant B, along with the instant “I club” at the new wall, became aware of the fact that the said victim J (here, 19 years old) was married to said A while drinking alcohol by drinking alcohol and drinking alcohol at around 05:08 on the same day as that on which the said “Gel” was seven minutes before going to go to the said her mother, and was already called by telephone at around 06:36 on the same day after the said her was called to the said her mother, in the course of making a telephone call to said her at around 06:36 on the same day after she went to the said her mother, and became aware of the fact that she was married to said her mother 602.

On the same day, the Defendant attempted to enter 602, such as fingers and scams, in order to open a door 602 in the future of the above telecom 602 on the same day, but failed to bring the door into the wind.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each legal statement of the witness J and K;

1. A response to a request for appraisal (the No. 25,27 of the evidence list), a gene appraisal report, and a legal and chemical appraisal report;

1. The place of the offender and the offender (in addition to suspects);

1. An investigation report (a list Nos. 5, 8, 13, 21, 22, 24, 32, 38, 40).

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