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(영문) 인천지방법원 부천지원 2015.06.26 2015고합71
준강간상해등
Text

A defendant shall be punished by imprisonment for not less than two years 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

1. On April 12, 2015, the Defendant of quasi-rape-rape injury: (a) committed one-time sexual intercourse with the victim by taking advantage of the victim’s mental disorder or the state of failing to resist himself/herself at the time of committing the crime, the victim’s age is 33 years old; (b) the victim’s age at the time of committing the crime is 33 years old; and (c) the victim was transferred to the guest room at the time of the above hotel 508, and was under the influence of alcohol, taking advantage of the victim’s mental disorder or the state of failing to resisting that the victim was able to resist at the time of the crime.

While the Defendant was quasi-rapeing the victim as above, the Defendant tried to keep sexual intercourse with the victim’s hand by putting the victim’s two legs up with the Defendant’s hand, and tried to keep the victim’s hair, face, and body of the victim several times due to the victim’s drinking and development of the victim’s drinking, and led the victim’s escape from the victim’s room to the outside of the victim room, and led the victim into the victim’s hair, and led the victim to the victim into the guest room for approximately three weeks of medical treatment.

2. The Defendant took photographs of the body of the victim against his/her will, using a cell phone (proof No. 1) with the victim’s sense of sexual humiliation at the time and place specified in paragraph (1), at the time and place specified in paragraph (1), as described in paragraph (1);

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Each police investigation report or investigation report, materials attached thereto, records of seizure and list of seizure;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act and Articles 301 and 299 of the Criminal Act concerning the facts constituting an offense, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of using mobile phones and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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