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(영문) 의정부지방법원 고양지원 2019.10.15 2019고합147
준강간
Text

Defendant shall be punished by imprisonment for a term of 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

A. The Defendant is the neighbor who resides in an officetel such as the Victim B (the name, leisure, the age of 19) and the first place on the day.

around 11:00 on April 19, 2019, the Defendant, while drinking alcohol with three women, such as land D and E, living together with the victim, etc., in the place of residence of the victim *** the victim, who was drinking late, returned home at the latest, and was placed in the body of the victim, and was placed in the sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim by taking the victim's hand and preventing the victim from suffering from suffering the victim's losses by other losses, and promptly putting the victim's negative part in the body 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

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the Act on the Punishment, etc. of Sexual Crimes under Article 16(2) of the Criminal Act (hereinafter “Act on Special Cases Concerning the Punishment, etc.”) with the Suspension of Execution under Articles 53 and 55(1)3 of the Criminal Act concerning criminal facts subject to the applicable provisions of the relevant Act on Discretionary Mitigation of Punishment, etc. of Crimes under Article 57(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 59-3(1) of the Act on Welfare, the proviso to Article 59-3(1), the proviso to Article 59-1 of the Act on Welfare of Persons with Disabilities, the proviso to Article 16(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 16(2) of the Act.

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