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(영문) 부산지방법원 동부지원 2018.01.09 2017고합206
강간
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from January 2017, had the victim D (the Russian nationality, the 22 years old age) known through “C”, which is a network of Internet travelers, where the Internet traveler residing in the accommodation provided by the local person, stayed in the office of the Defendant’s house located in Busan Shipping Daegu apartment 102 Dong 1703.

On February 14, 2017, around 02:30 on February 14, 2017, the Defendant tried to drink with the victim while drinking alcohol in the house of the above Defendant with the victim. However, the victim “I have a tobacco.”

“Along with the victim’s refusal, the victim’s name was bleeped with a small room, and the victim’s face was unable to resist, and the victim’s face was off from the victim’s face, and the victim’s sexual organ was blickly collected in the victim’s face when following the victim’s back, and the Defendant’s sexual organ was inserted into the victim’s negative organ, and the victim had sexual intercourse once by inserting the victim’s sexual organ into the victim’s negative organ.

The Defendant continued to catch the victim's arms, led the victim's face by hand, obstructed the victim's face by hand, prevented the victim from resisting against his/her neck, and then abused the victim's sexual organ into the victim's negative part once by inserting the victim's sexual organ into the victim's negative part, and prompt inserting the victim's sexual organ into the victim's inner part when taking back the victim's back.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the investigation by police and the prosecution;

1. Photographss of the scene of the crime, CCTV-faging photographs, and the details ofF dialogues;

1. Application of Acts and subordinate statutes to medical records for victims of sexual assault;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

2. 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 among the reasons for sentencing).

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following consideration shall be repeated for the reasons for sentencing).

4. The judgment against the defendant who has registered personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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