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(영문) 서울남부지방법원 2014.08.21 2014고합67
강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault therapy for 240 hours.

(b) the defendant;

Reasons

Punishment of the crime

Around 03:10 on October 8, 2013, the Defendant made a call to the victim C (at 19 years of age) who is only only one time prior to the Defendant’s arrival and drinking, and made a call to the victim C (at 19 years of age), and made a proposal to take care of the victim in front of the new middle school located in Yangcheon-gu Seoul Metropolitan Government.

The injured was under the influence of alcohol in a car that the injured was driving by the Defendant, and the accused was able to rape the injured by having the injured in his wife.

From around 04:00 on October 8, 2013 to 05:00 on the same day, the Defendant was unable to know the heading of the Eel located in Gangseo-gu Seoul Metropolitan Government D, and the Defendant was under the influence of alcohol and was placed on the bed, placed on the bed of the victim, placed on the bed of another victim's body, placed on the bed of the victim's body, kid on the bed, and kid on the breast, and kid on the breast by hand.

In this regard, the victim's body refers to the victim's body "I", and the defendant, who was unable to drive the victim's bridge by her hand, forced the victim's sexual organ, forced the victim's bodily organ to be quickly fright, prevented the victim from resisting by continuously taking the victim's arms, and raped the victim by having sexual intercourse once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to investigative reports (to attach a suspect's Kakao Stockholm message);

1. Article 297 of the Criminal Act applicable to the crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify information, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that “any special circumstance that may not give notice of personal information shall be deemed to exist” as one of the grounds for exception to

2.3.

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