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(영문) 대전지방법원 2017.12.08 2017고합267

준강간등

Text

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

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 05:00 on August 17, 2016 to around 08:0, the Defendant: (a) had been under influence of alcohol in the 408 heading room of E hotel E hotel located in Thailand D at around 08:00; (b) had the victim’s chest by drinking the victim’s son; (c) had the victim’s son; (d) had the victim’s son’s son; (e) had the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

Accordingly, the defendant raped the victim by taking advantage of the victim's resistance impossible condition.

2. A quasi-Rape Defendant: (a) around August 18, 2016, around 06:00 to around 07:00, at a room where it is impossible to find out the trade name in the cock in the Thailand where it is unknown, the chest of the victim, who was under influence of alcohol, was able to look at the 6th floor of the lodging room where it is difficult to find out; (b) by inserting the hand into the knife, knife the part of the victim; and (c) putting the Defendant’s sexual organ into the part of the victim’s knife.

Accordingly, the Defendant committed similar rape 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 with regard to F;

1. A written statement;

1. A photograph by capturing a G message;

1. Application of Acts and subordinate statutes to a report on investigation (to hear statements by witnesses H);

1. Relevant Articles 299, 297, and 299 and 297-2 of the Criminal Act (a point of quasi-rape) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by the crime of quasi-rape with heavier punishment);

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and the protection of children and juveniles against sexual abuse;