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(영문) 서울중앙지방법원 2016.06.24 2015고합1073
준강간미수등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 03:40 on May 3, 2015, the Defendant discovered the victim E (the name, the age of 27) who moves out of the locking line from among the D main points located in Mapo-gu Seoul Metropolitan Government, and went back to the victim, from May 3, 2015.

Defendant: (a) was aboard the victim in the vicinity of the above D main points; (b) was at around 05:32 on the same day at Gel 309 located in Seocho-gu Seoul, Seocho-gu, Seoul; (c) was under the influence of alcohol and unable to properly hold the body, etc.; (d) was exempted from all the part of the victim in a state of resistance, and attempted to talk with the victim, and had sexual intercourse with the victim; (c) the victim did not intend to refuse the victim’s refusal, such as the victim’s being sealed and booming the Defendant.

"2015 Gohap 1152"

1. A quasi-Rape: (a) around 04:01 on July 12, 2015, the Defendant laid the victim H (n, 22 years of age) under the influence of alcohol at the above D’s main points and laid down the victim H (n, 22 years of age) in the vicinity of Seoul, Mapo-gu I building underground stairs (hereinafter “J”) in the vicinity of around 04:03 on the same day; (b) sit the victim at the end of the stairs; (c) sit the victim in the direction of the victim’s bar and panty; and (d) taken the victim’s sexual organ in front of the victim.

Therefore, the victim was promptly included in the mouth of the victim.

Accordingly, the Defendant raped the victim in a similar manner.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.), at the time and place specified in the preceding paragraph, so that the Defendant had a victim under the influence of alcohol enter the Defendant’s sexual organ as soon as possible, and took photographs by performing the Defendant’s mobile phone camera function.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

3. The Defendant, at the time and place specified in paragraph 1, tried to prompt the victim’s sexual intercourse and to have sexual intercourse with the victim, who was in an influent state by drinking at the same time and place as above.

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