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(영문) 부산지방법원 2017.02.10 2016고합725

준강간등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to a suspended sentence of two years on September 8, 2016 by imprisonment with prison labor for a crime of obstructing the performance of official duties in the Busan District Court's branch court's branch court.

9.20. The judgment became final and conclusive.

[Criminal facts]

1. Around 01:00 on January 30, 2016, the Defendant, at the E main shop located in Busan, Daegu, Daegu, Busan, and the second floor, and with three female employees, including the victim F (a person, a woman, and 32 years old), she sing in the room and talked with the two employees in the room. At the time of the completion of the drinking place, the victim was drunk and the victim was in a situation in which she was unable to take his/her body for himself/herself due to drinking.

Accordingly, the Defendant laid off the victim from the studio to the entrance of the main shop, and turned the victim from the second floor to the entrance of the 1st floor building, and went to the front of the Busan Maritime Transportation Daegu GG where his own car was parked, after driving the 2nd floor of the 2nd floor, the Defendant moved to the middle of the 1st floor of the 2nd floor, and again moved to the Jel G G G in Busan Hagu through H apartment after moving to the 2nd floor.

At around 06:30 on the same day, the Defendant continued to hold off his clothes for the victimized person in a state of her mind, being drunk from around 06:30, and had sexual intercourse once by inserting his sexual organ into the part of the injured person’s sexual organ.

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

2. On January 30, 2016, the Defendant, without a driver’s license, driven his/her own K A6 car in the section of about 4 km from the front day of the Busan Shipping Daegu Marri City, Busan Metropolitan City City, Busan Metropolitan City, and from the front day of the Busan Metropolitan City City, the Defendant driven his/her own K A6 car in the section of about 3 km to the Jel.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to L;

1. Each police statement about F (tentative name), M, N,O, P, or L;

1. Each statement of the F;

1. The picture, each investigation report, each photograph, each gene appraisal report, each 112 report processing statement, and emergency rescue information;