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(영문) 인천지방법원 2017.11.24 2017고합612
간음약취
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 25, 2017, around 01:15, the Defendant set the E-car owned by the Defendant on the front side of the “D Age Club” located in Seocheon-si C, Seocheon-si, and was in the vicinity of the vehicle.

During that time, a victim F (F) who was under the influence of alcohol and misleads the said vehicle into a taxi, was 44 years old. The Defendant, while driving the said vehicle, led the said vehicle to the said vehicle, in order to have sexual intercourse with the victim, by reporting that the victim was under the influence of alcohol and not giving the victim a notice of being able to have sexual intercourse with the victim. From that time, the Defendant was able to have sexual intercourse with the victim up to the “Iel” located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu around 02:26 on the same day, and was able to have sexual intercourse with the victim during about 1 hour and 10 minutes.

Accordingly, the Defendant kidnapped the victim for the purpose of sexual intercourse as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the F and J;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (on-site search - Access to Iel CCTV), internal investigation report (on-site investigation - Access to CCTV at K convenience points), investigation report (the victim's body photo and victim's Lambling at the time of the occurrence of the instant case), investigation report (the contents of the suspect's vehicle list), investigation report (the inside photo of the guest room No. 502), investigation report (the inside photo of the Iel No. 502), and investigation report (the attachment of the PARING file and the case concerning the parking vehicle image);

1. Article 288 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The scope of the recommended punishment on the sentencing guidelines [the type of punishment] is limited to the capture, inducement, and human trafficking (including the concealment, solicitation, transportation, and delivery by the country and abroad). The two types of punishment (the act of indecent conduct, inter-Korean marriage, marriage, and human trafficking for profit) are nonexistent.

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