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(영문) 서울남부지방법원 2015.01.23 2014고합459

준강간등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

The defendant is the representative director of Geumcheon-gu Seoul Metropolitan Government "E" and the victim F (n, 23 years old) is the employee of the above company.

1. Around August 14, 2014, the Defendant, at around 02:15, had the victim drinked with the alcohol and had sexual intercourse once with the victim by taking advantage of the victim’s helel 508 in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, who was unable to resist under the influence of alcohol.

2. Around 08:00 on August 14, 2014, the Defendant: (a) followed by the victim from the lock, immediately after the victim was frighted, the Defendant: (b) confirmed and confused the situation that the victim and the Defendant came to her body with his or her unknown body while the victim was still unsatisfed; and (c) told the victim that “F and I shall know that I will come to governance; (b)” and raped the victim by “Imara, Afar, and Hafa, whose body is above the victim’s body takes part in the victim’s body and suppressions the victim’s resistance.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. CCTV CDs inside and outside the Heel;

1. Application of Acts and subordinate statutes of the table of evidence requested for appraisal (No. 20);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense and Article 297 of the Criminal Act;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act;

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

6. The defendant's age, occupation, and circumstance that "it is deemed that there are special circumstances that may not disclose or notify personal information," stipulated under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order, proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, as an exception to disclosure or notification order."