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(영문) 서울중앙지방법원 2013.10.01 2013고합809
준강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Around 06:40 on July 26, 2013, the Defendant: (a) near E Station located in Gangnam-gu in Seoul, the Defendant: (b) discovered the victim F, who is walking on the road in the direction of active duty of new debate, and is walking on the road, under the influence of alcohol (26 years old); (c) sought the victim’s Dac “whether he is a house” with the victim, and tried to take the victim’s house while getting on the taxi with the victim, but the victim was trying to get the victim back to the house; (d) but the victim was bread by drinking so that the victim was deprived of his mind and locked; and (e) the victim was leading the victim to the her wife while going to the her mother, and went to the H hotel in Gangnam-gu Seoul with the victim’s aid.

On July 26, 2013, at around 07:40, the Defendant: (a) had a hotel staff from around 07:40 to around 1104 of the above hotel; (b) had the hotel staff move to the hotel room on the part of a victim who was unable to get a mind, and was placed on the bed; (c) was drunkly discharged from all the victim’s upper and lower parts by taking advantage of the victim’s state of impossibility to resist, and the Defendant exceeded the clothes, and had the victim engage in sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sound.

2. On July 26, 2013, the Defendant violated the Specialized Credit Financial Business Act: (a) placed the victim under the influence of alcohol on the hotel’s scams; (b) placed the victim on the hotel’s scams; and (c) settled the amount of KRW 242,00 for accommodation expenses of the said hotel on the part of the victim’s Handbags located on the part of the victim’s handbags.

Accordingly, the defendant used lost or stolen physical cards.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of the F;

1. Photographs, such as check cards, receipts, etc. used;

1. Investigation reports (electronic summary) and investigation reports (Investigation into telephone conversations);

1. Application of Acts and subordinate statutes to CD-related Acts and subordinate statutes, such as field roads and CCTV-recording records on elevators;

1. Article 29 of the Criminal Act and Article 299 of the Criminal Act concerning the applicable criminal facts;

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