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(영문) 수원지방법원 성남지원 2016.11.17 2016고합193
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

The defendant is a person who operates E main points in 202 of the D Building in Seongbuk-gu, Sungnam-si.

1. Around 03:55 on March 8, 2015, the Defendant, at the main point of “G” located in “G,” located in “G,” located in “G,” located in “G,” located in “G,” located in “G,” located in “S,” located in the area where the victim is unable to return home properly under the influence of alcohol, while drinking alcohol, and the victim was unable to return home properly due to the influence of alcohol, and other daily behaviors left with the victim. As the victim left the place, the Defendant had the victim talked with the victim to commit rape.

On March 8, 2015, at around 05:25, the Defendant had sexual intercourse with the victim by entering the court room located in Sungnam-si I, Sungnam-si, with the victim, leaving the clothes of the victim in the state of mental or physical disorder, and inserting the Defendant’s sexual organ into the part of the victim, while under the influence of alcohol.

2. Indecent acts by compulsion;

A. On February 2, 2015, at around 03:00 on the second day of the week, the Defendant committed an indecent act by force against the victim, such as inducing the victim from his own arms to his own arms in the vicinity of the parking lot in Seongbuk-gu, Sungnam-si.

B. On February 3, 2015, at around 03:00, the Defendant committed an indecent act by force against the victim, such as inducing the victim from his own arms to his own arms in the vicinity of the parking lot in Seongbuk-gu, Sungnam-si.

C. On February 2, 2015, at around 03:00 on the fourth day of the week, the Defendant committed an indecent act by force against the victim by inducing the victim from his own arms to his own arms in the vicinity of the parking lot of the victim's dwelling located in Seongbuk-gu, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes confirming L's factual facts;

1. Relevant Articles 299 and 297 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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