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(영문) 의정부지방법원 2018.09.21 2018고합220
강간등
Text

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

For the defendant, five years shall be imposed on juvenile-related institutions, etc.

Reasons

Punishment of the crime

1. On June 18, 2018, the Defendant: (a) around 01:30 on both sides of the “D” restaurant located in C; (b) from the behind the drunk victim E (n, 31 years of age) to both arms, the Defendant, who became aware of the victim, led the victim to G garden and prevented the victim from resisting the victim by a false method; (c) was exempted from the lower part of the victim; and (d) was sexual intercourse with the victim once.

2. The Defendant violated the Immigration Control Act, even though having entered the Republic of Korea under the qualification of the visa exemption (B-1) that may freely travel on October 3, 2017 or on condition that he/she would not stay in excess of 90 days, the Defendant was staying in the Republic of Korea beyond the scope of the status of sojourn or the period of sojourn by staying in the Republic of Korea from January 1, 2018 to June 28, 2018, which is the period of sojourn under subparagraph (B-1) of the visa exemption.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement made by the police with respect to E and one-day H;

1. On-site reports (on-site notices, etc.), on-site photographs, internal reports (CCTV analysis results), screen pictures (the results of analysis), investigation reports (hereinafter “D”), cCV images analysis), cCtv closures, screen pictures (CCtv images analysis), investigation reports (CCtV files attachment), Ictv video files storage CDs, Dctv video files storage CDs;

1. Application of each of the following Acts and subordinate statutes to an investigation report (Attachment to the status of individual entry or departure), individual entry or departure status, investigation report (Attachment to a person who violates the Immigration Control Act), accusation against a violator of the Immigration Control Act at the request of an investigative agency, investigation report (verification of status of stay), attached Table 1 of the Enforcement Decree of the Immigration Control Act, and attached Table 1 of

1. Relevant Article of the Criminal Act, Article 297 of the Criminal Act that provides for the choice of criminal facts, Article 94 subparagraph 7 of the Immigration Control Act, and Article 17 (1) of the Immigration Control Act (the point of stay outside the scope of status of stay or the period of stay, and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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