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(영문) 수원지방법원 안양지원 2018.07.06 2018고합61
준강간등
Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2018, the Defendant drinked alcoholic beverages together with the Defendant’s female-friendly Gu, the Defendant’s female-friendly shop, and the Defendant’s female-friendly shop, and had sexual intercourse with the victim C (the Defendant, 20 years of age), who was drinking.

Around April 20, 2018, the Defendant 22:40 of the Defendant’s women-friendly room located in the Defendant’s room located in Ansan-si and around 22:40, and the Defendant she was able to enjoy with the female-friendly room located in the Defendant’s room. At the inside of the room, the Defendant she was drunkly under the influence of the Defendant, and she went off the victim’s scam and her inner part of his/her inner part, and her own sexual flag was inserted into the victim’s drinking part, she continued to her body and her part of his/her inner part, and her part of his/her own sexual organ was shicked by the victim. However, the Defendant tried to continue to have sexual intercourse with the victim’s inner part of his/her inner part of his/her body, with his/her clothes and her clothes

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in the manner described in C (tentative name) and D;

1. Each description of an investigation report (the suspect - the document of receipt where the victim dices alcohol), investigation report (the security of CCTV images held by the suspect and the victim), investigation report (the statement of F, his/her father, his/her father, his/her mother, his/her mother, his/her father, and investigation report (the response of the results of appraisal by the state and the victim), investigation report (the hearing of statements by the victim and D telephone with the victim);

112 Each description of the report processing case, on-site photograph, receipt output, reply to a request for appraisal, and application of video-related Acts and subordinate statutes; and

1. Relevant Articles 299 and 297 of the Criminal Act concerning the facts constituting an offense (inclusive of them);

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (the defendant shall use the Korean language as an alien with the nationality of Pakistan.

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