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(영문) 부산지방법원 2015.06.26 2015고합109

준강간등

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Around October 2014, the Defendant came to know of the Victim C (n, 34 years of age) at Marra club. Around that time, the Defendant offered that he would substitute for the victim for meals on the ground that he/she lent and participated in the vehicle of the victim in the Marra Games held in the racing. On December 20, 2014, around 20:30 on December 20, 2014, the Defendant took a large amount of drinking together with the meal at the Chinese restaurant located in Busan Yadong-gu.

1. Around 20:00 on December 20, 2014, the Defendant taken a part of the victim’s body and parts of the victim’s cell phone with his cell phone, after getting off the victim’s body and parts of the victim’s body taken off, from the victim’s body and parts of the victim’s body.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation and shame against his will.

2. The Defendant, at the same time and at the same place, had sexual intercourse once by inserting the sexual organ on the victim’s body in a state of her ability to resist, using the victim’s breath and her ability to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. C Statement of prosecutorial and police statement concerning C;

1. Application of Acts and subordinate statutes to each CCTV video CDs, the contents of the Kakakao Stockholm conversation, and telephone conversations files, and each investigation report (Evidence List Nos. 8, 16, 24);

1. Relevant provisions of the Criminal Act and Article 299 of the Criminal Act concerning the facts constituting an offense, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of using cameras, etc. and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments prescribed in the heavier punishment) among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. An order of disclosure; and