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(영문) 인천지방법원 2019.07.26 2019고합350
준강간
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 28, 2018, in Michuhol-gu Incheon Metropolitan City, the Defendant: (a) went home to drink with the above D, the victim E (in women, 21 years old); (b) the victim’s male-parent body, etc.; and (c) the victim’s male-child body was home to drink with the victim’s sexual intercourse; (b) the victim got home to have sexual intercourse by taking advantage of the victim’s breathing body; (c) the victim breathing the breath from the taxi; and (d) breathing the breathed victim into the taxi in the Michuhol-gu Incheon Metropolitan City Fel G.

Accordingly, the defendant kidnapped the victim for the purpose of sexual intercourse.

2. Around 01:05 on December 29, 2018, the Defendant: (a) placed in the Michuhol-gu Incheon Fel G; (b) placed the victim E (here 21 years old); (c) placed the victim E (here 21 years old); (d) placed the victim’s chest in a beds; (d) opened the fluor; and (e) opened the victim’s chest in hand, fluored the victim’s chest, and fluored the victim’s chest by hand; and (e) inserted the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each written request for appraisal (the sequence 11, 12 of the evidence list);

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Articles 299 and 297 of the Criminal Act applicable to the crime and Article 288 (1) of the Criminal Act (the point of abduction);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment prescribed for the crime of quasi-rape with heavier punishment) among concurrent crimes;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Exemption from an order of disclosure and notification;

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