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(영문) 청주지방법원 제천지원 2015.10.16 2015고합38
준유사강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

At around 02:00 on August 4, 2015, the Defendant drinked F and the victim G (the 19-year-old, the 19-year-old, the 19-year-old, the 19-year-old) where the Defendant’s friendship E was known to ordinary people.

As the Defendant was unable to properly hold the body of the victim, such as the victim under the influence of alcohol, the Defendant took the victim into the house, carried the victim into the taxi, carried the victim on the taxi, and changed the victim's appearance into Jel in I while the victim was under the H level in Y in Ycheon-si, the home of the victim, and changed the destination of the taxi into Jel in Y.

On August 4, 2015, from around 04:00 to 06:30 on the same day, the Defendant committed similar rape by taking advantage of the victim’s state of escape, such as the victim’s refusal to resist, by putting the victim’s clothes and inner clothes off, and putting the victim’s fingers several times, by reporting the victim, who had been under influence of alcohol in the said guest room, and was able to look at the victim’s sleep.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim, F, and E;

1. Copy of the police statement concerning K;

1. Application of Acts and subordinate statutes of each internal report, photograph description, or closure to photographs and telephone recordingc.

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and the former part of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the motive and background of the instant crime; the circumstances after the

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