beta
(영문) 부산지방법원 2017.01.10 2016고합702

준강간

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 80 hours.

Reasons

In light of the above legal principles, the Defendant’s assertion that the Defendant was aware of the Plaintiff’s online game, and that the Defendant was aware of the Plaintiff’s online game during three years prior to the Defendant’s 29-year-old online game. From around 00:40 on May 29, 2016, the Defendant: (a) divided the victim into the Plaintiff and the Plaintiff, the Plaintiff, and the Plaintiff, from the Busan Jung-gudong-dong and the Songdo-do-dong; (b) 4 C and C; and (c) 2 C; and (b) Man-do-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; and (d) the Defendant’s statement that the Defendant was aware of the Defendant’s game was omitted in the Defendant’s game

B Ma-si referred to as the "Seowon", and around 08:00 on the same day, around the same day D Won-gu, Busan dong-gu*** The victim's house was put into the house.

At that place, the Defendant divided the victim and the victim 2 Byung-ju, and then "Ara to the house" after drinking the victim's horses, would be hard to avoid without hearing the victim's horses.

In the end, the victim was cut from the bed, and the defendant was cut from the bed.

The Defendant, between 13:00 and 13:57 on the same day, exceeded the victim’s panty and inner part under the influence of alcohol, and had sexual intercourse once by inserting his sexual organ into the sound part of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs (No. 2), protocol of seizure and list of seizure, requests for appraisal and response to a request for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (No. 1, 12)

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure Orders and Notification Orders, and Act on the Protection of Children and Juveniles against Sexual Abuse.