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(영문) 부산지방법원 2015.07.10 2014고합885

강간

Text

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

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

Reasons

Punishment of the crime

The Defendant, who was an employee of a leart club, was the victim D (V, 23 years of age) who was a customer of approximately two years prior to being aware of, and the head at the beauty room that was known to the victim, had a sense of view to the victim, but continued to be rejected, followed by the refusal, the Defendant attempted to rape the victim, who was unsatisfying the drug containing satisfly, sat, sat, and fluice medication, which was a treatment agent for leart, with a view to getting the victim unsatisfy.

On November 30, 2014, at around 19:00, the Defendant saw the victim's apartment before the victim's apartment located in the north-gu, Busan, while drinking the victim at the G, which was located in F., and opened the Defendant's boat to the "IVID film hall" of the H fourth floor of the Busan, North, Busan.

At around 21:30 on the same day, the Defendant purchased a fluor link 2 in the convenience store located on the 1st floor of the same building where the victim wanted to buy drinking water, and then purchased a fluort link 2 in the convenience store located on the same building, and then stored a fluort bag, a fluor, a stroke, a stroke, and a fluor, a fluor method, etc., which had been prepared for the fluor, in advance, in the toilet of the building, into a fluort bag, and 3-day fluort therapy, which had been prepared for the fluor, into a fluor.

Accordingly, when the victim lost a considerable portion of consciousness due to the effect of the above drug, and when it was impossible for him to resist, the Defendant, around December 1, 2014, went the victim to Kelel 503 located in the north-gu, Busan, and left the victim to the be on the bed, and went off all the victim's lower part, and rape once by inserting the victim's sexual organ into the victim's sexual organ, for the same reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The application of Acts and subordinate statutes governing the investigation report (shotizing a depression treatment product) and the inquiry request for appraisal;

1. Article 297 of the Criminal Act applicable to the crimes;

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.