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(영문) 전주지방법원 2017.06.15 2017고합49

유사강간등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A similar rape: (a) around 03:00 on August 6, 2016, the Defendant drinked three and three drinking, including the victim C (at the age of 21) who first arrived at around 03:0, and (b) the victim was in the house of the victim under the influence of alcohol.

피고인은 2016. 8. 6. 06:30 경 전주시 구 D ◇ 동 ◇◇◇ 호에 있는 피해자의 집에서, 침대에 누워 있는 피해자 옆에 다가가 손으로 피해자의 가슴과 음부를 만지고 피해자가 저항하며 소리를 지르자 손으로 피해자의 입을 틀어막고, 피해자의 몸 위로 올라가 피해자의 반항을 억압한 후 피해자의 바지와 팬티를 벗기고 피해자의 성기에 피고인의 손가락을 집어넣어 피해자를 유사 강간하였다.

2. Violation of traffic Acts on roads;

A. On August 6, 2016, at around 06:10, the Defendant driven a eRa e-motor vehicle under the influence of alcohol concentration of approximately 0.126% in blood while under the influence of alcohol leveling to approximately 1.56 km-ro 11 from the road front of the road in front of the road in front of the road in the north-do office located in 41, Yansan-gu, Yansan-si, Hongcheon-si, Seoul, to the road front of the old village of about 1.56km-ro.

B. On August 6, 2016, at around 08:00, the Defendant driven the said LA car under the influence of alcohol concentration of about 0.12% in a section of approximately 6.1km from the road front of the old village to the F apartment parking lot of the Taejin-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City on August 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Investigation report (the application of the above dmark formula);

1. Report on the result of regulating the driving of drinking, report on the circumstances of the driver of drinking, the appearance, uniform, language, attitude, etc. of the driver of drinking;

1. The application of Acts and subordinate statutes of the written request for appraisal;

1. Relevant Article of the Criminal Act and Article 297-2 of the Criminal Act (the points of similar rape) concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Criminal Code for the aggravation of concurrent crimes.