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(영문) 창원지방법원 2017.07.13 2017고합86
준유사강간치상
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 five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as an internal director of Jongno-gu Seoul Metropolitan Government, revised the name of the Company E ex officio in the fifth floor of the Jongno-gu D D Building, operated in the form of a branch office, “G” which is a website production company in Seongbuk-gu, Changwon-si. The Victim H (V, 31 years old) was a “G employee.”

Until November 2016, the victim had a talk with the defendant to work only in G's "G" and had his successor take a business trip from Changwon to Seoul to take over the business affairs.

At around 23:00 on November 24, 2016, the Defendant: (a) inducedd the victim of the defect that the victim would attempt to complete the business transfer system and get out of it; (b) in his office, the Defendant said that the victim “at last 10 stories, I am to do so.”

On November 25, 2016, at around 05:00, the Defendant: (a) 617, Jongno-gu Seoul Metropolitan Government Itel 617, which is one’s own house, intended to engage in similar rape; (b) made three knows including a water surface guidance with the victim while talking with the victim; (c) made the victim as a nutrition medication; (d) went the victim's drinking to the victim; and (e) laid off the victim's body in a state where he is unable to resist; and (e) put the victim's finger into the body of the victim.

As a result, the Defendant committed similar rape to the victimized person, and thereby, the Defendant suffered from the victim’s appearance of the need for treatment for about seven days.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution with regard to H;

1. Commission for appraisal and response (J hospital);

1. Each investigation report (referring to the contents of K letters between the suspect and the victim, the body and photographs of the victim, and the submission of a record of the supplement of the complaint) and the application of Acts and subordinate statutes attached thereto;

1. Relevant Article of the Criminal Act and Articles 301 and 297-2 of the Criminal Act concerning the selection of criminal facts;

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 factors, such as favorable circumstances, etc. among the reasons for sentencing);

1. Article 62 of the Criminal Act:

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