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(영문) 창원지방법원 2014.07.17 2014고합134
강간
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2014, the Defendant was aware of the victim on the day when he driven a tourist bus with the victim et al. at the mountain, which belongs to the tourist bus driver's license and the victim C (the age of 47). On May 11, 2014, the Defendant was willing to rape the victim who lost the victim's food by driving the stroke method, which is a strokeic treatment system.

At around 19:30 on May 12, 2014, the Defendant drinking the victim at D cafeteria near Msan Station, and moved the victim to F below the victim E in Changwon-si by driving the victim's vehicle instead of the victim.

Around 21:30 on May 12, 2014, the Defendant: (a) purchased 2 residues of coffees between the Defendant and the toilets at a simple coffee sales shop in the vicinity; (b) melted a stroke-mm with a stroke-mm with a stroke-m; and (c) decided that the victim returned from the toilet to the toilet.

Accordingly, when the victim lost a considerable portion of his/her consciousness due to the effect of the above maximum face-to-face petition system and was unable to resist, the defendant, around 23:00 on May 12, 2014, was raped once by inserting his/her body on the part of the victim's sexual organ, where the victim was 306 Helel in Changwon-si Masan-gu G, Changwon-si, left his/her clothes, and lying his/her clothes on the bed, and on May 13, 2014, at around 05:00 on May 13, 2014, he/she continued to be unable to resist due to the same reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Each police statement of C;

1. Requests for an appraisal, reports on the addition of requests for appraisal, and replies to requests for cooperation with an investigation;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Special cases concerning the punishment, etc. of sexual crimes exempt from disclosure and notification orders;

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