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(영문) 의정부지방법원 고양지원 2017.11.03 2017고합191
준강간등
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

1. On August 14, 2017, the Defendant: (a) discovered and broken the Victim F (22 years of age) who was under the influence of alcohol on the roads adjacent to the E church located adjacent to the E church located adjacent to the Dong-gu, U.S., U.S. on a large scale of 01:30 on August 14, 2017; (b) found the Victim F (22 years of age); and (c) led the Victim to the guest room located in the same Gu by putting the Victim’s arms with the intent to engage in sexual intercourse.

Accordingly, the defendant kidnapped the victim for the purpose of sexual intercourse.

2. Around 01:50 on the same day as paragraph (1) 1, the Defendant: (a) 2: (b) 301 at the guest room of the Hel 301, when she was towed by the victim, she took a fluor’s fluor’s hand, and she took the fluor’s fluor’s fluor’s chest into the victim’s chest; and (c) she continuously inserted the victim’s chest into the part of the victim’s fluor’s fluor’s fluor.

Accordingly, the defendant raped the victim by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. The application of the Acts and subordinate statutes on CCTV image in front of the E church, such as photograph of the hold room, internal investigation report (the video video file of the Hel CCTV video recording), response to each appraisal result, and the application of

1. Article 288 (1) of the Criminal Act applicable to the crime (the point of kidnapping sexual intercourse) and Articles 299 and 297 of the Criminal Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up the long-term punishment of the above two crimes) ;

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 stay of execution (The following circumstances considered in favor of the reasons 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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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