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(영문) 인천지방법원 2016.03.18 2015고합716
준강간
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

The Defendant, at around 21:00 on July 10, 2015, has a spirit, such as using the victim D (V, 32 years of age), E, etc., who is a workplace partner at a main station near the city citizen center in Ansan-gu Incheon Metropolitan City, and using the victim in the way together with E on the following day after the date when the victim was fully withdrawn.

In order to attract the disabled victim to "G" 204 located in "G" in the Nam-gu Incheon Metropolitan City F, and to find the victim again in the above 204.

At around 03:05 on the same day, the Defendant: (a) opened an entrance at the locking of the victim, she was drunk, and she went into the locking of the victim, followed by the victim, and had the victim re-exploited into the locking of the above 204, and had the victim under the influence of drinking again; (b) laid off the clothes of the victim on her hand by inserting the locked of the victim’s sexual organ into the negative part of the victim; and (c) had sexual intercourse with the victim by inserting the victim’s sexual organ into the negative part of the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or E;

1. A written appraisal;

1. Video-recording CDs;

1. A photograph of a hold-site photograph, or a CCTV image to take-off;

1. Application of Acts and subordinate statutes to each investigation report (including cases of securingCCTV image data, cases concerning response to a request for appraisal, cases concerning attachment of CCTV image data, and reporting on hearing statements by victims);

1. Relevant Article of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the selection of criminal facts;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused shall be punished, etc. of sexual crimes.

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