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(영문) 부산지방법원 동부지원 2018.02.08 2018고합3
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who works and lives with the Internet Broadcastinger D as BJ and was dead from the victim E (the age of 23) in 2016.

On August 11, 2017, the Defendant, at the main point of “F” located in the area of the Busan Metropolitan Transportation Daegu or lower around the new wall on August 11, 2017, operated the victim, who was under contact with the victim-friendly G with the Defendant, and was under the influence of alcohol at the same place, and was on the part of the Defendant, who was on the part of the Defendant, was on board the automobile in which the Defendant was driving, and went into the “Iel” located in the Busan Metropolitan area H, along with the foregoing G, and was on duty in the part of the Defendant, and was on the part of the victim, who was under the influence of alcohol.

In addition, at around 06:00 on the same day, the Defendant, at the guest room No. 401 above 06:00 above Maurher 401, drinked both the instant G and the instant G, and met with the Defendant, and only one of the victims who were in a spanch and was in a spanch by drinking together with the Defendant was left, the Defendant exceeded the victim’s lower panty and panty with the Defendant who was spanched, and then inserted the spanch into the part of the victim’s sound on the part of the Defendant.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's potential resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Each report on investigation;

1. Each request for appraisal, reply to a request for appraisal, and reply to the result of appraisal;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

2. 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).

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following consideration shall be repeated for the reasons for sentencing).

4. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment against the defendant who has registered personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, personal information of the defendant under Article 42(1) of the Act on Special Cases concerning the Punishment, etc.

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