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(영문) 광주지방법원 2020.04.24 2019고합434
강간
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

The defendant is the professor and the OO of the O University Hospital, and the victim B (the family name, the female, the age of 29) is the same department.

On March 29, 2019, around 22:10 on March 29, 2019, the Defendant: (a) divided the victim into the victim and the Hebane 2 disease in Seo-gu, Gwangju; and (b) transferred the victim under the influence of alcohol to the family of the defendant in Seo-gu, Gwangju building and heading F.

The Defendant, who was under the influence of alcohol, exceeded all the victim’s panty and panty, laid down the brode of the upper broke, and laid down the broke, under the chest, and told the victim to “I do not want to do so.” While she was frighten, the Defendant left the victim so that he could not have the broged victim broged and broged.”

The Defendant continued to stop the victim from leaving out, and the victim locked again from the locked side of the victim.

Around 07:00 on the same day, the Defendant reported that the victim wanted to wear clothes, and placed the victim's body on the floor at a low level, and then divided the victim's body.

Therefore, the defendant's defect that the victim intends to injure the defendant's legs, divided the victim's shoulder and chest with his/her own bridge, and threatened the victim's resistance, and inserted the defendant's sexual organ into the part of the victim's sound.

Accordingly, the Defendant raped the victim by assault.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Each police statement made to the victim B;

1. Protocols of seizure and list of seizure, each request for appraisal (as to the fact that the DNA of the defendant was detected in the victim's chests, etc. Nos. 25 and 40 of the evidence list, and the fact that the DNA of the defendant was detected in the victim's chests, etc.) and application of Acts and subordinate statutes to investigation reports

1. Article 297 of the Criminal Act applicable to the crime of this case (including all the crimes of this case);

2. Special cases concerning the punishment, etc. of sexual crimes committed against victims;

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