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(영문) 서울중앙지방법원 2015.09.04 2015고합343
준강간
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1. The punishment of the accused shall be four years of imprisonment;

2. Sexual assault against the defendant for forty hours;

Reasons

Punishment of the crime

The Defendant, in Seoul Jung-gu, worked as a custodian in Seoul, in the “D Posium”, and the victim E (n, 24 years of age) entered the Republic of Korea as a tourism employee on January 13, 2015, and worked as an employee from April 1, 2015, when working as an employee.

At around 22:30 on April 5, 2015, the Defendant: (a) moved a place to “Icafeteria” located in Jongno-gu Seoul Metropolitan Government, including the victim; and (b) continued to drink the alcohol to “Icafeteria”; (c) on April 6, 2015, at around 01:20 on April 6, 2015, the Defendant, along with the J, Hungary female and the victim working at the above Austria, as well as the J, working at the above Hungary; and (d) 22:30 meters away from the said Austria to return to the said Switzerland at approximately 580 meters distance; (b) it is difficult for the victim to continue to live in the Gutone and to flue the fluen; and (c) on April 6, 2015, the Defendant, as a 302 victim, from the place to the Jongno-gu Seoul K hotel on April 36, 2015.

On April 6, 2015, at around 02:06, the Defendant: (a) opened a door as a key to the guest room and entered the above hotel 302 where he/she was able to sleepd with the victim; (b) went back from the said hotel on April 6, 2015; (c) returned to the said hotel on April 6, 2015; (d) returned from April 04:34:30 on April 6, 2015; and (e) returned to the said hotel on April 6, 2015, from that time until April 07:0, 2015, the Defendant had sexual intercourse once, after being drunkd with the victim’s clothes that he/she was divingd.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecutor to the victim;

1. Each police statement made to the victim and J;

1. Records of interviews with victims of sexual assault, description of the status of crimes of victims;

1. A complaint;

1. Domestic history report-L hotel hotel accommodation records, credit cards, video securing, lodging account books, card sales slips, CCTV data at the scene of the crime, victim's carkao Stockholm issuance details, and victim.

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