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(영문) 부산지방법원 서부지원 2018.03.29 2017고합162
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

around 01:30 on July 6, 2017, the Defendant returned home, after drinking alcohol, to the victim F (n, 32 years of age) who is a workplace partner, and the remainder except the victim, after drinking alcohol at the accommodation of "E," where the Defendant works for the Defendant in the B-dong of the Busan Northern Building B, Busan Northern District, the Defendant left the victim's left chest and her knife into the part of the victim, and knife the knife into the part of the knife, and knife the victim's knife and knife into the part of the knife, and knife the knife., the Defendant knife the part of the victim.

Accordingly, the defendant committed an indecent act by force against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The respective legal statements of F and G;

1. The statement made by the police against F (the defendant was frighten and frighten in the state where he was aware of himself, and there was no fact that he was frighten of the victim's son. However, while the victim was under the influence of alcohol at the defendant's house from investigation agency to this court, he was under the influence of alcohol, but the defendant was frightd, and he was frighten and son, and his son was frighten, so he was frighten in the panty, so he was frighten of his son. At the time of the crime, the defendant was frightened into a toilet, and the defendant was frighten of his behavior, the victim's humiliation, response, and the situation before and after the crime, etc., and there was no other circumstance that the victim was involved in the statement. The defendant also did not respond to the part that he was frightd and the victim was frightd without any specific consent of the victim at the investigation agency.

statement, etc.

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