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(영문) 부산지방법원 동부지원 2015.10.30 2015고합80
준강간
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:00 on February 22, 2015, the Defendant, along with D’s friendship C and D (at around 17:00, 24 years of age, her life) - from the time on which he/she met the Victim E (at the time he/she met, he/she takes a view of the opening house, the steering house in the vicinity of the Shipping Office building, the maritime steering boat packing village, the singing room, and drink for four times. On February 23, 2015, the Defendant, along with D’s friendship C and C and D, takes drinking additionally by purchasing her own alcohol from G hotel 2003 located in Busan Daegu Shipping Daegu in Busan, and drinking alcohol.

around 04:00 on February 23, 2015, the Defendant and C related parties C and D are punished for a dispute.

The defendant's sexual organ was sexual intercourse by putting off the clothes of the victim in a state of non-opportunching with the state of being drunk in the state of being drunk in the state of being drunk, and inserting 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 failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on the complaint, request for DNA appraisal, report on internal investigation (receiving of replys to requests for foreign and original appraisal), and each request for appraisal;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service order or order to attend a lecture;

1. The fact that the Defendant exempted from disclosure order and notification order did not have been subject to criminal punishment for sexual crimes prior to the instant crime, that the Defendant was not planned from the beginning to commit the instant crime, that the Defendant led to a confession from the investigative agency to the instant crime, and that the Defendant is in profoundly against the Defendant’s depth, in light of the Defendant’s age, social relationship, relationship between the Defendant and the victim, etc., and that the Defendant’s personal information registration against the Defendant and the completion of sexual assault treatment program can have the effect of preventing recidivism.

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