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(영문) 부산지방법원 2016.08.12 2016고합352
강간등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a person who is living in Busan, Jin-gu C, Busan, who was living in the victim E (Min, 31 years of age) in the above D.

1. Around September 17:00 on September 30, 2015, the Defendant attempted to take care of the victim’s body, suffering from a flag, suffering from a flag, suffering from a flag, and suffering from the said flag, which was in his/her presence, and completed the flag with the victim, and subsequently, the Defendant demanded the victim to have a sexual intercourse with the victim, while the Defendant demanded the victim to have a sexual intercourse with the victim, but he/she did not refuse to do so.

The victim was forced to be off from the part of the victim's body, and the victim's body was boomed by force by cutting down the two arms of the victim, suppressing the victim's resistance, and inserting the sexual organ into the sound part.

2. On October 5, 2015, the Defendant took a photograph of the Defendant’s cell phone camera, against the intent of the victimized person, by against the Defendant’s sexual intercourse with the said victim at the same place as before around 12:00, at the same time as before the said victim, which might cause a sense of sexual shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police concerning E;

1. Application of Acts and subordinate statutes to the petition or record of complaint;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the occupation of rapes in the choice of punishment: Article 297 of the Criminal Act: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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. The punishment, etc. of sexual crimes subject to exemption from disclosure orders and notification orders;

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