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(영문) 수원지방법원 성남지원 2013.07.25 2013고합57
준강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

From around 17:00 on December 7, 2012, the Defendant had a common sense with victims E (31 years of age, women) and company Dongs in the “D cafeteria” located in the Seongdong-gu Seoul Special Metropolitan City, Sungnam-gu.

During the meeting of the victim, the victim was breath who was drunk, and the defendant tried to move the victim to the mother's house in the vicinity of the breath.

However, the victim did not get the body and used on the self-tending floor, and the defendant, around 19:46 on the same day, took the victim into “G” telecom with “G” located in the Sinnam-si F of the Gyeonggi-si, Sungnam-si on the same day, and put the victim on a bed on a bed.

The Defendant, who was living in the bed at the bed during the same night and in a scopic event on several occasions, exceeded the scopher’s shoulder, cut off the body of the victim, laid off the body on the bed, and scoped down the body on the bed, cut off the clothes of the victim who was unable to be able to be able to bread by drinking and fright the chest, added the Defendant’s sexual flag to the sound part of the victim, and scoped.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental or physical disability or impossibility.

Summary of Evidence

1. Partial statement of a defendant (a statement to the effect that he/she has a sex relationship with a victim at the time and time of recording a crime);

1. The witness E’s legal statement and defense counsel asserted that the defendant had sexual intercourse with the defendant under the agreement of the victim in the state of awareness, and that the victim did not have the state of mental disorder or non-satisfying, since the victim was able to divide conversations with the defendant or undergo telephone.

However, the witness E, who is the victim, stated in this court that he was under the influence of alcohol and left the place of meeting for the company on December 17, 2012, when he was under the influence of alcohol on the part of the company on December 7, 2012, and that he was under the influence of the hold room when he was off the whole clothes that occurred at 6:00 am through 7:0 am on the following day.

In addition, the victim is only the same as the defendant and the workplace rent, and the work is different, and it also enters the telecom.

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