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(영문) 서울북부지방법원 2017.07.14 2017고합231
준강간
Text

A defendant shall be punished by imprisonment for two years.

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

The Defendant, as the principal agent of CD from August 2002 to April 17, 2017, was a person who was in charge of the protection, management, and education of employees while carrying out the patrol of the department store, etc., and the victim E (the age of 18) was a member of the said company on January 23, 2017, who was in charge of the patrol, etc. under the management of the Defendant.

person is a person.

On April 9, 2017, from around 21:20 to the next day 02:00 on the following day, the Defendant: (a) from around April 21, 2017 to around 02:00, the Defendant sent the victim with the victim, who was able to drinked after drinking together with the victim, two times from “G” and three times from “H” to “H” in the department store located in Seocho-gu Seoul Metropolitan Government; (b) and (c) the victim, who was born to the taxi, wanted to have sexual intercourse with the victim, who was in the middle of drinking.

On April 10, 2017, the Defendant, at around 02:20 on April 10, 2017, committed sexual intercourse with the victim, who was drunkly under the influence of alcohol in the front room 202, with the victim’s clothes off, her clothes, her chest and drinking with the victim, and her sexual organ in the face of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-compact condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to K and E;

1. A report on internal investigation;

1. Application of Acts and subordinate statutes to each investigation report (in response to a request for appraisal, submission of a recording file on dialogue);

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

1. 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 shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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