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(영문) 수원지방법원 안산지원 2015.11.06 2015고합168
준강간
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

In around 2013, the Defendant came to know while entering the same company as the victim C (the age of 28) and went to her friendship, and from November 2014, the Defendant used the room separately at the house located in Silung-si D at Silung-si, and was paid together. The Defendant used the victim’s failure to resist on four occasions, and each sexual intercourse was committed by taking advantage of the victim’s failure to resist.

1. Around 02:00 on November 26, 2014, the Defendant: (a) completed a meeting with the victim, etc. on the part of the victim; (b) obstructed the victim under the influence of alcohol; and (c) went off the victim’s lower part of the body; and (d) abused the victim’s sexual organ into the part of the victim’s sound.

2. At around 02:00 on February 2, 2015, the Defendant, at the above house, exceeded the victim’s lower part by using the cres that the victim was under the influence of alcohol, and had sexual intercourse with the victim by inserting his sexual organ into the part of the victim’s sound.

3. At around 02:00 on February 2, 2015, the Defendant, at the above house, exceeded the victim’s lower part by using the cres that the victim was under the influence of alcohol, and had sexual intercourse with the victim by inserting his sexual organ into the part of the victim’s sound.

4. Around 02:00 on May 24, 2015, the Defendant, while drinking alcohol with the victim at the above house on May 24, 2015, the Defendant, under the influence of alcohol, was off the victim’s locked and off, and had sexual intercourse with the victim by inserting his sexual organ into the part of the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

2. Application of the police protocol protocol law to C

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Article 62 (1) of the Criminal Act;

5. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

6. Special cases concerning the punishment, etc. of sexual crimes exempt from disclosure and notification orders of registered information;

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