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(영문) 수원지방법원 안양지원 2018.01.26 2017고합196
준유사강간등
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 was a person residing in Dopo-si 302, and the victim was living in Dopo-Ba 30, the next house of the defendant.

1. On May 29, 2017, the Defendant: (a) discovered that the victim E (the victim, the 19-year age) was in a state of no consciousness because it was used under the influence of alcohol on May 29, 2017; (b) brought the victim into the body of the victim for the purpose of committing an indecent act; and (c) brought the victim out of the elevator with the intent of committing an indecent act; and (d) continued to go back to the body of the Defendant, 302, as flabed the victim who did not have a mind.

As a result, the defendant kidnapped the victim for the purpose of indecent act.

2. A quasi-Rape: (a) on May 29, 2017, at the Defendant’s house located in 00:30 Sinposi Do Do 302, the Defendant, as in paragraph (1), takes the victim E (one-nine years of age), who was unable to be aware of under the influence of alcohol, she takes the victim E (one-nine years of age), to her place on the bend of the bend, she is placed on the bend, she is off the part of the victim, and she goes off the panty, and she panty of the Defendant.

Then, the Defendant, by inserting the victim's spanty ties and panty ties with each panty ties, spandeed twice as the victim's spande ties were spandeed, and repeated actions were conducted twice to spande the victim's spande and spande the victim's spande with the victim's spande.

Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby committing similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name) and F;

1. Each protocol of seizure and the list of seizure;

1. Each investigation report (No. 13,29, 31 No. 13 of the evidence list);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 288 (1) of the Criminal Act (the point of kidnapping for the purpose of an indecent act) concerning the crime, Articles 299 and 297-2 of the Criminal Act (the point of quasi-rape);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravated Punishment) of the Aggravation of Concurrent Crimes (Aggravated Punishment)

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