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(영문) 부산지방법원 2018.04.27 2018고합5
준강간
Text

Defendant shall be punished by imprisonment for a term of one year 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

Criminal facts

On July 13, 2017, the Defendant drank alcohol together with the workplace club, including the victim C (at the age of 39), who is a place of work, around 18:30 on July 13, 201.

From around 23:45 on the same day to 02:34 the following day, the Defendant inserted the Defendant’s sexual organ into the body of the victim located in D 1203, Busan, Jin-gu, and the body of the victim under the influence of alcohol.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (to attach damaged photographs, attach E-cap photographs, attach on-site CCTVs, report on the closure of the screen of the suspect who wishes to gather victims, and listen to the statement by telephone with F in charge of 3 pages of the record);

1. Application of the Acts and subordinate statutes on CCTV-fags, such as photographs, E-fags, prescription photographs, and fags, CD-fags;

1. Article 299 and Article 297 of the Criminal Act concerning the facts constituting an offense;

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. Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age and social ties, records of the crime, the details and motive of the crime, the method and consequence of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the order to disclose or notify information, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, the effect of the protection of the victim, etc. shall be comprehensively taken into account;

Thus, the defendant is judged.

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