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(영문) 창원지방법원 마산지원 2018.04.13 2018고합9
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

The defendant together with C, D, etc., was a person working as safety personnel in the Fwork-based E in the Joint-gun E, and the victim G (V, 21 years old) is a customer who uses the above work-line with three victims.

At around 01:50 on August 7, 2017, the Defendant, while drinking alcohol, such as D, D, and her day-to-day, a lodging house of the injured party and the injured party C, D, and her day-to-day, her day-to-day, she was under the influence of the injured party, she was under the influence of the injured party, and she was under the influence of the injured party, she was under the influence of the injured party, and then she was under the influence of the injured party, she was under the influence of the injured party, she was under the ki of the injured party, she was under the influence of the knife, she was under the influence of the knife, she was under the influence of the knife of the injured party, she was under the influence of the knife, and she was under the influence of the injured party.

Accordingly, the defendant committed an act to put the fingers into the victim's sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of each police statement made to G or I;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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. In light of 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 notify, 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 fact that the Defendant is led to the instant crime, that the Defendant agreed with the victim, and that the Defendant is the primary offender, the Defendant is likely to recommit a sex crime;

It can not be concluded, and this is therefore.

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