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(영문) 서울서부지방법원 2014.07.25 2014고합100
준강간치상
Text

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

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

On April 28, 2014, the Defendant: (a) around 08:50, around Yongsan-gu, Yongsan-gu, Seoul; (b) around 08:50, the Defendant, at around 08:0, she took a meeting with her staff member working together with the Defendant (BAR), including the victim D (n, 25 years of age); and (c) took the victim under the influence of alcohol at home; (d) the victim was able to rape by taking advantage of the fact that the victim was under the influence of alcohol and was unable to resist; and (e) taken the victim’s sexual organ on the floor; and (e) she was raped by inserting the victim’s sexual organ into the part of the victim; and (e) was inflicted on the victim, such as catum dumf and tension in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. E statements;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (victim's upper part photograph), a report on investigation (including details of settlement of the national card owned by the victim), a report on investigation (receiving of a suspect), a report on investigation (receiving of a victim's diagnosis), a report on internal investigation (report), a report on internal investigation (CCTV), a report on internal investigation (CCTV), a report on internal investigation (the place where Handbags are discovered), and a report

1. Article 301 of the relevant Act concerning the facts constituting an offense and Articles 301 and 299 of the Selective Act;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Act on Suspension of Execution (Concurrent Consideration for Sentencing)

1. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse do not have the same sexual crime record as an initial offender. In light of the circumstances leading to the instant crime, the relationship between the Defendant and the victim, etc., the Defendant shall have the habit

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