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(영문) 의정부지방법원 2013.11.29 2013고합426
준강간등
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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

Criminal facts

1. On August 2013, the Defendant became aware of the victim D (nive and 17 years of age) through a smartphone-citing Docing c “C” (hereinafter “C”) and made mutual contacts with each other around September 22, 2013 at the point of the trade name “F” located in Namyang-si, Namyang-si, Inc., and had the victim talked with the beer and the beer, and the victim was willing to have sexual intercourse with the beer in the table.

On September 6, 2013, at around 00:37, the Defendant: (a) led the victim, who was drunk and cannot walk properly; (b) exceeded the victim’s clothes 404, and had sexual intercourse by inserting his sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

2. A thief, around 00:0 on September 6, 2013, the Defendant taken 50,000 won in cash from the victim’s wall to a thief that, while drinking alcohol together with the victim D, the Defendant she could not separate the victim by drinking alcohol, while drinking alcohol with the victim D.

Accordingly, the Defendant stolen 50,000 won in cash owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV video CDs at the time of entering the telecom;

1. Application of the Acts and subordinate statutes on a copy of sales slips for credit cards that the defendant pays with accommodation expenses;

1. Relevant Articles 299 and 297 of the Criminal Act and Article 329 of the Criminal Act concerning facts constituting a crime;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated, but the punishment shall be aggravated by adding up the long-term punishment of the above two crimes);

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

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

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The disclosure; and

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