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(영문) 광주지방법원 2016.07.22 2016고합116

준유사강간등

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 November 2015, the Defendant became aware of the Victim G (the life expectancy, the age of 21) through Felman meetings.

1. A quasi-Rape Defendant, on November 13, 2015, went through a meeting with the above gatherings, including the victim, and went together with the victim, and then, around 02:00 on the following day, she came to the gathering of the victim with a passenger car of the Defendant.

The defendant arrived in front of the house of the victim of the Dong apartment apartment in Gwangju-gu, Gwangju-gu, and caused a sexual desire to see the appearance of the victim who sits in front of the house of the victim, thereby gathering his fingers with the victim's clothes, making the victim's chest booming, gathering his fingers with the victim's clothes, gathering his fingers with the victim's clothes, and cutting his fingers into the part of the victim's body.

As a result, the defendant committed an act of inserting fingers in the victim's sexual organ by using the victim's breath condition, which was in a breathic state.

2. On November 23, 2015, the Defendant, in the course of drinking the victim and drinking alcohol at the Defendant’s house in Gwangju Mine-gu H and 302 Dong 402, Dong 402, the Defendant, who was forced to commit an indecent act, placed the victim’s arms on the floor by leading the victim’s arms on the floor, put them on the victim’s arms, put them on the victim’s arms, put them on the victim’s arms, put them into the victim’s clothes, kis the victim’s chest by gathering his fingers into the victim’s clothes, and the victim said that he does not refuse to do so.

거부함에도 피해자의 귀를 핥았다.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant legal provisions concerning facts constituting an offense, Articles 299, 297-2 (a point of quasi-Rape) of the Criminal Act, and Article 298 of the Criminal Act (a point of forced indecent act and choice of imprisonment);

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 within the extent that the sum of the long-term punishments for the crimes of similar rape prescribed by the heavier punishment);

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. Suspension of execution;