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(영문) 부산지방법원 2018.11.30 2018고합448
강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

The Defendant became aware of the victim E (the life, life, and age 29) through the introduction of female D living together with the Defendant, and the victim of peace was the Defendant as “the son”.

On March 31, 2018, at around 18:00, the Defendant, at the Defendant’s house located in F apartment No. 403, Busan East-gu, Busan-si, drinking alcohol with the above D, etc., from around 22:0 on the same day to around 00 on the following day, 01:10 on the day, the Defendant attempted to rape the victim, who was under the influence of alcohol, with the victim’s visit to the guest room.

Accordingly, the Defendant entered the above room, and opened the victim's panty panty, and opened the victim's panty, but did not occur, exceeded the victim's panty, and inserted the victim's panty into the part of the victim's panty with the victim's panty.

In addition, the defendant, when the victim shouldered in the lock and fighted against the victim, "shacking, melting and melting the wife."

The wife No. 1, the internal date of the walth, the walth and the walth, the balth of the walth, the balth of the walth of the walth and the walth of the walth of the walth

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E (tentative name) and G;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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. 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 disclosure order and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age and social ties, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order).

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