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(영문) 부산지방법원 2014.02.07 2013고합808
준강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

around August 26, 2013, the Defendant came to know of the victim C while making a part-time land in the cover-to-land on which the Defendant had performed a kitchen, and the victim was in contact with the victim who had been able to do so through the Kakakao Stockholm on or around August 21, 2013. Around August 26, 2013, the Defendant called the victim (e.g., the victim, who was 24 years of age) that “I can do so,” and dice 2 disease in the mouth, who had been frightd with the victim at around 19:30 on August 26, 2013.

On August 26, 2013, at around 23:00, the Defendant: (a) entered “E” in Busan East-gu, Busan-dong; (b) her body was drunk and flown into the apartment, and (c) took a room on the 2nd floor of the above apartment; and (d) the her terminal operator took a room on the 2nd floor of the above apartment; (b) there is a concern that the victim may sit in the stairs when using the 102nd room on the 1st floor of the above apartment; and (c) entered the victim with the 102nd room on the 1st floor of the above apartment; (d) her was under the influence of alcohol, and her was under the influence of alcohol, and she was under the influence of alcohol, and she was under the influence of the victim; and (d) inserted the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. Article 62 (1) of the Criminal Act on the suspension of execution (wholly favorable circumstances to be considered in the rear);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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