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(영문) 서울동부지방법원 2019.02.15 2019고합5
준강간등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, along with the victim C (the family name, the 19-year old age), who is a female-friendly job offer B and the female's work partner, drinked alcoholic beverage with the victim C (the family name, the 19-year old age), and was in the house of the defendant in Seongdongdong apartment and E, in his room, the defendant was locked from his room, in the victim inside, and in the ward

1. Around 05:00 on June 13, 2018, the Defendant: (a) discovered a victim who was diving in a locking room in the above residence; (b) took care of the victim’s chests in his/her hands by leakage of the female he/she was able to commit rape; (c) was able to commit rape with the victim, who did not have any particular reaction in diving; and (d) took one half of the victim’s panty and panty; and (e) inserted the Defendant’s sexual organ into the victim’s sexual organ.

As a result, the Defendant raped the victim by taking advantage of the victim's state of difficulty to resist.

2. The Defendant, at around 12:00 on June 13, 2018, discovered that the victim was drunk and continuing to sleep in the above residence, and attempted to rape the victim by taking advantage of his/her panty and panty in the victim’s side, leaving the victim’s bucks, and leaving the panty to the bucks, and leaving the her chest again, but the Defendant did not commit an attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of conversation between the defendant and the victim immediately after the case;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 299, 297, 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated aggravation of the crimes prescribed for the crimes of quasi-rape with heavier punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The sentencing under Article 62(1) of the Criminal Act is as follows.

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