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(영문) 의정부지방법원 고양지원 2020.02.11 2019고합312
준강간등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Around July 23:18, 2019, the Defendant entered in Cju, located in D, E, and E’s spouse, as “37 years of age,” but it is apparent that the victim was 36 years of age at the time of the instant case as December 1982. Therefore, ex officio correction was made to the extent that it does not interfere with the Defendant’s right of defense.) together with D and E, for the purpose of having sexual intercourse with the victim, who could not take the body, under the influence of breath of alcohol, she would be taken into consideration as GelH, and sexual intercourse with the victim, who was 36 years of age at the time of the instant case, by taking advantage of the victim’s state of resistance to resist.

Summary of Evidence

Article 28(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 27(1)2 of the Criminal Act, the former part of Article 37, Article 38(1)2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 50(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 16(2) and (3), the main sentence of Article 2(1)2 and Article 47(1)3 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 47(1) and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1)2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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