(영문) 창원지방법원 진주지원 2018.10.18 2018고합55

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(영문) 창원지방법원 진주지원 2018.10.18 2018고합55

준강간

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 27, 2018, the Defendant: (a) discovered the victim D (bee 25 years of age) who did mixed alcoholic beverages at the same place; (b) moved with the president of the main branch of the “C” and the victim to the “G” hub, which was in Jinju City F along with the victim, and carried out alcoholic beverages at the same time; (c) when the victim was under the influence of alcohol and was in the absence of body due to drinking, the Defendant went to Jin City Building I, one of which he leased and resided.

On February 28, 2018, at around 02:35, the Defendant was under the influence of alcohol and was under the influence of the victim, and was under the influence of the victim, and was under the influence of the victim. The Defendant was under the influence of the victim, and was under the influence of the victim.

As a result, the Defendant committed an indecent act against the victim by taking advantage of the victim’s potential state of resistance by drinking.

The prosecutor prosecuted the defendant by applying the crime of quasi-rape under Articles 299 and 297 of the Criminal Act. However, the facts charged in the indictment include the part of the indecent act committed against the victim. In light of the content of the defendant and his defense counsel's assertion or the process of the hearing of the case, it seems that it is not likely that the criminal facts committed in the crime of forced indecent act, which was committed without the amendment of the indictment, may not cause any substantial disadvantage to the defendant's exercise of his right

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. Photographs by cutting down a studio images entering the studio;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Exemption from any disclosure order and any notification order:

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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