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(영문) 부산지방법원 2016.07.15 2016고합268

준강간등

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

Criminal facts

1. On April 13, 2016, around 03:50 on April 13, 2016, the Defendant discovered the victim F (e.g., 20 years of age) who was under the influence of alcohol and was seated at the will, before the convenience store located in Busan Dong-gu, Busan, the Defendant taken the victim’s house with his own house located on the Busan Dong-gu G and 50 meters away from the victim’s 20 minutes of age, and bread the victim for the purpose of drinking.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) the Defendant, at around 04:00 on the same day, taken a photograph of the victim’s body against his/her will, by putting the victim, who was drunk at his/her own house, off clothes, and 04:01 04:05 05 04:05 04.

3. The Defendant, as in paragraph 2, taken a negative photograph of the victim, and locked the victim’s body, followed by drinking in the same place at around 06:00 on the same day, had the victim’s chests and the part and the part and the part of the victim’s body, and had sexual intercourse once by inserting his sexual organ into the part and part of the other victim’s body, who was on the victim’s body.

As such, the Defendant had sexual intercourse by taking advantage of the victim’s mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and F;

1. On-site reports on results of field identification and on-site file reports;

1. A gene appraisal request and a reply letter to a request for appraisal;

1. Photographs of each victim;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents, and attached CDs (Evidence Nos. 11 through 13, 17, 18, 21, 22, 25, 26, 29 through 31, 38);

1. Relevant provisions of the Criminal Act concerning the crime, Articles 299 and 297 of the Criminal Act concerning the choice of punishment (the point of quasi-rape), Article 288(1) of the Criminal Act (the point of kidnapping sexual intercourse) and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamer, etc.)