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(영문) 부산지방법원 2014.12.12 2014고합589
준강간
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On August 22, 2014, the Defendant visited the Defendant-dong C and Busan B, who was the birth of C, the victim D (n, 21 years of age) and the victim E (n, 19 years of age) who was the birth of C, was able to perform alcohol together, and four persons were able to do so for themselves after drinking alcohol.

On August 23, 2014, at around 04:00, the Defendant: (a) reported that the victim D was under defluence by drinking so that it was imprising in the beds; (b) had the victim D’s desire to engage in sexual intercourse with the victim D; (c) was exempted from the victim D’s hub, and was frightd with the victim D’s will and panty; and (d) went off from the victim D’s sexual organ into the part of the victim D’s sexual organ by inserting the Defendant’s sexual organ into the part of the victim D’s sexual organ.

In this regard, the victim D left the play, and the defendant continued to have sexual intercourse once by inserting the defendant's sexual organ into the part of the victim E, after she was drunk from the floor of the same room in mind, she was placed on the part of the victim E by her hand, she was forced to rape the victim E, she was placed on the part of the victim E by her hand, and she was cut off from the victim E and knee and knee.

Accordingly, the defendant, under the influence of alcohol, has committed sexual intercourse with the victims by taking advantage of the victim D and the victim E who has been in defluence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Medical records for each victim of sexual assault;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for the Crimes of quasi-rape against E with heavy circumstances)

1. The grounds for sentencing under Article 16(2) main text, main text of Article 16(3) and Article 16(9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, Article 59 of the Act on Probation, Etc. [Scope of Punishment] three to forty-five years of imprisonment.

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