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(영문) 의정부지방법원 2016.08.24 2016고합20
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

At around 09:00 on July 28, 2014, the Defendant, along with the victim F (n.e., 18 years of age) who came to know through the so-called “Tanman South” in the E bathing beach located in Busan Shipping Daegu D, performed alcohol, and then the victim went into the content where he was located for the victim himself, according to the victim, she went into the said content, she was under the influence of alcohol, and her chest was frightd with the victim’s chest due to her hand, she was under the influence of alcohol, and her chest was frighted with the victim’s chest’s will and clothes, and she was frighted with the victim’s chest, and she was frighted with the victim’s body, and she was frighted with the victim’s body, and she was frighted with the victim’s finger, she was frighted with the victim’s finger, and she was raped with the victim’s finger.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by each prosecutor with respect to F and G by the prosecution;

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

1. An investigation report (referring to a written report on the confirmation of the contents of message and H); 1. Application of a response to a request for appraisal (referring to an urgent assessment of sexual assault), and of a reply to a request for appraisal (referring to a suspect's oral cells);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds for sentencing shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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