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(영문) 서울중앙지방법원 2012.09.14 2012고합861
강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On June 18, 2012, the Defendant, at around 00:00 on June 19, 2012, after drinking the Victim C (L, 23 years of age) and drinking, who is a workplace volunteer, and then went to the house of the victim located in Gangnam-gu Seoul Metropolitan Government D on June 19, 2012, and the Defendant did not return to the victim’s house, despite the kind of detention of the victim.

After having finished 01:00 on the same day, the Defendant tried to report the victims who are enjoying in the beds and to rape them, and to have sexual intercourse with the victim who was frightened in the body of the victim, but the victim was tightly and rejected, and the victim was frightened with the victim's neck with the cell phone charging line located on the floor.

The defendant continued to put the victim's scam at 5 to 6 times with the victim's hand floor so that he could not re-scam the victim's scam with the victim's scam and panty, and tried to put the victim's sexual organ into the part of the victim's scam, but he forced the victim's scam to put the victim's sexual organ into several times.

On the other hand, 2-3 of the victim's negative fingers were collected into the part of the victim's sound, and 2-3 of the victim's sound tamps and 2-3 of the victim's sexual intercourses by inserting the Defendant's sexual flag into the part of the victim's sound.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs (such as a reduction of charge, etc. of the victim), victim's timber and chests;

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 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. The defendant who has registered personal information under Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the notification order shall be subject to the crime of this case.

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