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(영문) 부산지방법원 동부지원 2015.12.11 2015고합150
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

On May 15, 2015, the Defendant drinking alcohol together with the victim C (V, 19 years of age) through her friendship, and reduced the victim who her drinking, and moved to a nearby park.

On May 15, 2015, the Defendant, at around 23:00, 23:00, drunkd the victim's bucks located in the Birm Park 338-ro, Busan, Busan, by drinking in the Birm Park, and reported the victim's bucks, and applied the victim's panty to the victim's panty and panty, and collected the losses into the victim's sexual flag. At the same time, at the Uniform Park Sgm Park at the same time, approximately 100 meters away from the above Birm Park 87-ro, Busan, the Defendant added the victim's buck in the same way and collected the losses into the victim's sexual flag.

Accordingly, the Defendant, under the influence of alcohol, committed similar rape against the victim who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report on investigation;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Reasons for sentencing of a child or juvenile exempted from an order for disclosure and a notice order, as prescribed in the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is a child or juvenile, and exemption from

1. Imprisonment with prison labor for not less than one year but not more than 15 years;

2. The sentencing criteria shall not apply to a defendant who is a juvenile.

3. The defendant is unable to make a cleaning agent, by taking advantage of the state in which the victim's body cannot be properly classified, and by taking advantage of the victim's body in a state in which the victim's body cannot be properly classified, thereby raising the victim's fingers into the victim's sexual organ.

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