beta
(영문) 부산지방법원 동부지원 2015.04.10 2015고합13

준강간

Text

A defendant shall be punished by imprisonment for not less than one year 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

On December 9, 2014, at around 22:00, the Defendant, along with C and C’s victim D (n, 31 years of age), who is the spouse of the Defendant, she gets home on December 10, 2014, and went home on and off a taxi on December 10, 2014, and C were to go home on and off a toilet, and the Defendant first called the victim to go home, and the Defendant continued to move the taxi to the back seat of the taxi where the victim was seated.

Under the influence of alcohol, the Defendant: (a) reported the fact that the victim was in a state that he was unable to be aware of, and that he was unable to do so; and (b) reported the taxi articles to have sexual intercourse with, the taxi articles; and (c) concealed the victim from the taxi to the Felel located in Busan Shipping Daegu E; (d) laid off the victim from the bed, laid off the victim from the bed at the bed of his bed; and (e) inserted the victim’s sexual organ on the part of the victim into the negative part of the victim; and (e) took the victim’s sexual organ on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and C;

1. Investigation report (in the case of field exit and moving), investigation report (in the case of CCTV image, etc. installed in a telecom), investigation report (in the case of being accompanied by the field photograph, etc.), investigation report (in the case of being accompanied by voice files recording the contents of telephone), investigation report;

1. Application of the Acts and subordinate statutes governing the request for appraisal, such as the victim's key sign and other photographs;

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

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

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

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

1. Exemption from an order of disclosure and notification [the defendant has no record of criminal punishment for sexual crimes, and the defendant's personal information is disclosed or notified to the public in light of the relationship between the defendant and the victim, there is concern about exposure to the victim's personal information to the victim and the second damage is caused thereby (the victim shall be around January 30, 2015).