logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.12.28 2015고합1080
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

The prosecutor of the facts of the crime committed a bill of amendment to the indictment to the effect that the facts of the crime in this case were prosecuted as concurrent crimes by dividing them into the facts of quasi-indecent act by force, the facts of quasi-indecent act by force, and the facts of indecent act by force.

On May 11, 2015, between 06:30 and 08:00, the Defendant: (i) was divingd in the original ship line in Gwanak-gu in Seoul Special Metropolitan City, and (ii) was a victim E (the age 23) who was in a state of failing to resist; (ii) covered the victim’s head by the victim’s head; and (iii) committed an indecent act against the victim who was in a state of failing to resist because the victim’s head was bucks and she was in charge of the victim’s bucks; (iv) the Defendant received from the victim her head after being her head from the victim; (v) again covered the victim’s head who is in a state of failing to resist due to sleep, and then she laid down the victim’s head with her panty attached to the victim’s right to resist; and (v) put the victim’s body into a state of failing to resist with the victim’s body.

3. After that, the Defendant posted the Defendant’s sexual flag on the victim’s body knife to the victim’s knife knife.

Indecent act, the victim committed indecent act repeatedly.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E;

1. Relevant legal provisions concerning criminal facts, Articles 299, 298, and 298 of the Criminal Act concerning the choice of punishment, Articles 299 and 297-2 of the Criminal Act, and Article 298 of the Criminal Act concerning the punishment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment concerning Quasi-Rape with the largest punishment)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Suspension of execution;

arrow