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(영문) 부산지방법원 2018.11.02 2018고합382

감금등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On June 2, 2018, the Defendant: (a) parked in the Defendant’s passenger car (such as cattle or other C); (b) had a conflict with the victim D (the age of 21) who was under an educational system with the victim D (the age of 21); (c) had the victim taken a drinking part; and (d) prevented the victim from taking part of the defect locker about 5.7 km from driving the said car to the road adjacent to the Jung-gu, Busan; and (c) had the victim detained the victim for about 30 minutes, driving the said car on the part of approximately 5.7 km to the road adjacent to the Jung-gu, Busan.

2. A similar rape on June 13, 2018, around 19:30, at the victim’s residence, the Defendant made a conversation with the victim F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of the Republic of Korea, and inserted the victim’s clothes by forcing the victim to go beyond the bed, and by failing to get the victim’s clothes into the bed, and by inserting the victim’s arms into the victim’s hair and the victim’s hair, and inserting the victim’s fingers for about 10 minutes.

In this respect, the Defendant raped the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police with regard to D and a statement of damage;

1. Medical certificates, written consent forms for victims of sexual assault, medical records (the Seaba Center), details of the use of credit cards by victims (the purchase of living cards), and photographs of the victim's grandchildren;

1. A report on evaluation of criminal damage;

1. Response to a request for appraisal (states and Busan Science Investigation and Investigation Institute) - Victims, replys to a request for appraisal (states and Busan Science Research Institute); suspects;

1. Application of Acts and subordinate statutes to a written agreement;

1. Relevant legal provisions of the Criminal Act, Article 276 (1) of the Criminal Act (the point of confinement, the choice of imprisonment), and Article 297-2 of the Criminal Act (the point of similar rape) concerning criminal facts;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [the aggravated punishment for concurrent crimes, which shall be heavier than the punishment for similar rape, (within the scope of the sum of the long-term punishment for the above two crimes)];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The punishment, etc. of sexual assault crimes;