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Reasons
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(영문) 창원지방법원 마산지원 2018.11.02 2018고합56
준강간등
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A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 20, 2017, the Defendant forced indecent act: (a) committed indecent act by force against the victim F (hereinafter “FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF

2. On December 10, 2017, the Defendant: (a) knew of the fact that the victim was in the vicinity of the Southern East-dong in Changwon-si on December 17, 2017 and offered the victim the proposal, such as “a person who re-exposes a day”, with the knowledge that the victim was in the said convalescent.

On the other hand, as a restaurant in neighboring areas, the victim was entitled to be mixed with the beer and the beer so that the victim lost the mind of drinking, and the victim was sexual intercourse with the victim by taking advantage of the victim's mental and physical loss, or the state of resistance impossibility, around 19:00 on the same day by taking the victim into consideration as a hotel in Changwon-si G around 19:00 on the same day.

3. At around 19:40 on the day before the preceding paragraph, the Defendant: (a) discovered that he had been in possession of his cell phone in the above hotel room; (b) left the victim in the above room again; (c) resisted the victim with a mind to rape; and (d) resisted the victim with the defect that the victim was about to be forced to be able to be raped; and (b) she did not go beyond the bed of the victim, she did not go against the victim, and tried to rape the victim again, and did not go beyond the bed, but she did not go against the wind that the victim resists the Defendant, while continuing to commit rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F (name), H, and I;

1. Application of investigation reports (verification of the scene of indecent acts by force, photographs of the victim's resistances, etc.), investigation reports (verification of the scene of rape claimed by the victim, etc.), and investigation reports (Attachment, etc. of the details of cell phone calls of the victim or suspect) and statutes;

1. Relevant provisions of the Act concerning facts constituting an offense;

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