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(영문) 부산지방법원 동부지원 2016.02.05 2015고합127

준강간

Text

A defendant shall be punished by imprisonment for two years.

To order the accused to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On January 21, 2015, the defendant is a director in the position of the head of the department in the position of the corporation E in Busan-gu, Busan-gu, and the victim F (the age of 24) is a new employee who entered the above company on January 21, 2015 upon the recommendation of the defendant, and only two employees of the above Busan-gu branch office are the defendant and the victim.

Around 17:00 on February 10, 2015, the Defendant completed the service of the victim with the victim, making a drink together with the victim, and divided the number of times in G, which is located in G, a main place of the victim’s house, into 2 sick and C, and divided into 500ccc and 7 mar from the H H head office, which is located in a two-lane, and math from 1st line to 500cc and 1stm in the ec. at the ec line, which is located in a three-lane location, and then, math from 30 p.m. to 50cc and 1st in the ec., the ec., the ec., the e., the e., the e., the e., the victim and the e., the e., the e., the e., the e., the e., the victim.

On February 11, 2015, the Defendant, along with the victim on February 04:0, 2015, entered the said telecom 301, placed on a bed room, and had sexual intercourse by putting the victim’s clothes in a state of non-fluence under the influence of alcohol into the victim’s drinking part, and inserting the Defendant’s sexual organ into the victim’s drinking part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution against the F;

1. To state some of the statements made to the accused in the police interrogation protocol (including the F substitute part);

1. Statement made by the police with respect to F;

1. A president of the F;

1. Application of Acts and subordinate statutes 16 copies of a report on investigation (Attachment of a photograph by recording the CCTV of the Lburg and by cutting the course), and a photograph by cutting the course;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. An order for disclosure;