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(영문) 창원지방법원 2014.12.30 2014고합269
강간
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, around 08:00 on October 18, 2014, 08:0, at the E-cafeteria located in Changwon-si, Changwon-si, Masan-si, Masan-si, the Defendant deemed that she was drinking with the victim F (F, 39 years of age) and the victim was under the influence of alcohol, and calculated the brea value first, and the Defendant was waiting for the victim from the G Kaf car owned by the Defendant, which was parked outside of the restaurant and parked around the above restaurant.

On the same day, at around 10:00, the Defendant reported that the victim gets out of the above restaurant, and accessed the victim by driving the above vehicle, and requested the victim to board the vehicle as “tara, like Rab or defect,” and the victim was on board the vehicle. The victim was on board the front line of the above vehicle.

After that, at around 10:30 on the same day, the Defendant driven the above vehicle, stopped the vehicle on the north side of the river north of the same city, left the vehicle on the sloping side of the same city, and intending to get off the victim's seat and the part of the victim's seat beyond the string of the string of the string of the string and the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the sturg,

Summary of Evidence

1. Defendant's legal statement;

1. Police officers and prosecutor's protocol of statement concerning F;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Article 297 of the Criminal Act applicable to the crimes;

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

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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