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(영문) 수원지방법원 안산지원 2014.04.25 2014고합54
준강간
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Around 10:00 on December 25, 2013, the Defendant: (a) moved the said car to the front door of the Dong-gu, Ansan-si; (b) moved the victim E (n, 20 years of age) to the rear edge of the vehicle under influence of alcohol by the Defendant; and (c) went to the front end of the apartment site of the victim in the same Gu; and (d) was able to have the victim faced with the lock, but the victim was able to unthunder the lock, but she was able to unst down the bridge without shouldering it; (c) around 11:00 on the same day, the Defendant moved the said car to the front door and parked the vehicle; and (d) was sexual intercourse with the victim’s panty panty and panty panty tyty, which was moved to the rear door, and was moved to the back.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement of E and H;

3. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation Orders.

5. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

6. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exempted from an Disclosure Order and an Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse appears to have committed the instant crime by driving a motor vehicle and burning the victim up to the house; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse appears to have committed the instant crime; Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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