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(영문) 부산지방법원 2016.12.02 2016고합633
강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On March 9, 2016, at around 23:40, the Defendant rejected the Defendant’s DaVD’s “D” room 6 located in Busan Southern-gu, Busan-gu, DaVD bank 3 with the victim E (n, 19 years of age) who was expected to be a music club of high school, music club, and music club, and the film, which was expected to be a small wave, and the Defendant rejected the Defendant’s dVD bank 6, i.e., “h., a person who was suffering from a luxan, and good.”

However, the defendant continued to stand "B" and "I kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn'

The Defendant: (a) laid the Defendant’s sexual flag of the Red Sea, which was in possession of ordinary boom; (b) laid the Defendant’s sexual flag; (c) laid the Defendant’s shoulder with his hand; and (d) took the Defendant’s buckbuck in fucks; and (c) took the Defendant’s bucks in fucks; and (d) took the Defendant’s buck in bucks; (c) took the Defendant’s buck in bucks; (d) prevented the Defendant from leaving the buck, she hicked the Defendant from leaving the victim at both arms; and (e) led the victim to rape once by inserting the Defendant’s sexual organ

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The application of Acts and subordinate statutes to photograph the place of crime and report on investigation (No. 5 of the evidence list);

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;

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