beta
(영문) 서울북부지방법원 2016.02.15 2015고합321

준유사강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On September 3, 2014, the Defendant, who is engaged in advertising and musical video shooting supervision, was not easily refused to comply with his/her request with the right to do so by the victim C (such as 24 years of age, 24 years of age) who is a smoker, who is a smoker, to whom he/she had the right to do so.

At around 00:30 of the following day, the victim had the victim enter the residence of the defendant in Dongdaemun-gu Seoul Metropolitan Government D Building 511.

The Defendant, from September 4, 2014 to September 04:00, 201, 3 drinking together with three flings including the victim, and drinking together with the other fings home under the influence of alcohol, and the Defendant “ponners are flinging to the other.”

“The victim was able to drink for about one hour after having only the victim get married, and the victim was able to drink while drinking for about one hour.”

At around 05:00 on the same day, the Defendant, by taking advantage of the state of resistance impossibility of resisting the victim, who was drunkly drunk in the Defendant’s residence, brought the victim into the victim’s sexual organ, thereby committing similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to C (tentative name);

1. Details of the Kakao Stockholm conversation, a record of the currency recording;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.