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(영문) 부산지방법원 2015.04.24 2015고합14
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 01:00 on September 22, 2014 to around 02:30, the Defendant found the victim F (n. 25 years of age) who f, under the influence of alcohol in front of the E-way located in Busan Shodong-gu, and found the victim F (n. 25 years of age) who f, under the influence of alcohol at around 00:50 on September 22, 201, was able to find the victim’s cell phone, who was unable to be aware of the defendant properly due to the breath of the victim’s cell phone, and was able to get off the victim’s cell phone, cut off the victim’s visit, and cut off the victim’s bar, and then cut off the victim’s clothes, and then cut off the victim’s arms, and then the victim’s boomed the victim’s hand, and did not reflect the victim’s hand.

After that, the defendant continued to have had an interview as well as a good condition in the house, and again had a victim, who is placed on the bit lease, once again, failed to leave the victim on the bit lease, and had sexual intercourse with another victim.

Accordingly, the Defendant raped the victim twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning F;

1. Application of the Acts and subordinate statutes on the screen of a briefing session, CCTV image photograph, victim monetary records, and text messages to the extent that an appraisal is requested;

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

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 consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. It shall be recognized in the records under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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