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(영문) 창원지방법원 2020.10.08 2020고합48
준유사강간등
Text

A defendant shall be punished by imprisonment for two years.

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

At around 20:30 on August 10, 2019, the quasi-Rape Defendant, along with the victim D at “C” located in Kimhae-si B on August 10, 2019, told the victim that “A would wish to go to the toilet because he was infinite,” while coming home at the drinking house at around 22:40 on the same day, the Defendant used the victim’s failure to resist so that he could not properly take part in the body.

At around 22:52 on the same day, the Defendant sucked one time while boarding the elevator of the E commercial building with the victim, and sucking one body of the victim. At the same time, the Defendant entered the second female toilets, and forced the victim to kis on the wall near the entrance, and forced the victim to kis on the wall, knife the victim's chest into the wall, knife the victim's chest, and knife the victim's knife, knife the knife, knife the knife, knife the victim's knife, and knife the victim's knife, knife the victim's knife, upon the victim's refusal and repeated sexual relations.

Accordingly, the Defendant, under the influence of alcohol, abused the victim's sexual organ into the mouth of the victim by taking advantage of the victim's condition that he could not resist the resistance.

On August 10, 2019, at around 22:59, the Defendant taken one-time pictures against the victim’s will using his cellular phone (galgno S10), which included a form of inserting the sexual organ into the victim’s entrance, as set forth in paragraph (1) of the aforesaid paragraph, at the same place as set forth in paragraph (1) of the aforesaid paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The witness D’s legal statement statement, investigation report (verification of the contents of the Kakao Stockholm text, etc. after the occurrence of the accident), the closure of the Kakao Stockholm, the field of the accident, the background of the accident, and the investigation report (at the time of the commission of the crime), and

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