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(영문) 수원지방법원 안양지원 2018.11.09 2018고합91

준강간

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 27, 2018, the Defendant first became aware of the victim’s first day as he she am together with his her her friend at “E” house located in Syan-gu, Syanyang-gu, Syanyang-si, Synyang-si, with her friend and her friend with her friend.

Defendant 1, “E” while drinking alcohol at the above “E” house and drinking alcohol with other drinking together, Defendant 1, who moved to a drinking house in Mana-gu Mana-gu Mana-gu Mana-gu Mana-gu Mana-gu Mana-si, and Mana-gu Mana-gu Mana-gu Mana-gu Mana-si.

Defendant 1, as seen above, she was working for the victim, who was drunkly drinking at around 02:00 on February 28, 2018, and she went to the “Ltour” located in K in the Mana-gu Mana-si Mana-si, An Matour 507, laid off the victim from the bed on the bed, exceeded the victim’s her part and panty, let the victim take off the victim’s part and panty, put the victim’s sexual organ into the bed, and had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in the F (tentative name) and M;

1. Each description of a report on internal investigation (the discovery of eligible persons), a report on internal investigation (the current state at the time of discovery), a report on internal investigation (the preparation of an emergency set for field identification and for the collection of evidence of sexual assault), a report on internal investigation (the analysis of CCTV around the scene of occurrence), and a report on internal investigation (the submission of a request for appraisal by a country and a response

1. Application of each gene appraisal document, each description of a response to a request for appraisal, such as on-site photographs, the closure photographs of a text message, and a response to a request for appraisal, and the application of video Acts and subordinate statutes;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to Attend and Order to Attend Community Service.