logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2014.06.27 2014고합61
준강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 18:00 on December 29, 2013, the Defendant and the victim C (n, 19 years of age), D, and E were members of the Internet literature camera “F,” and around 18:00 on December 29, 2013, the members, other than the victims, determined that the Defendant would have to take the victim’s body into account when they complete the above meeting.

On December 29, 2013, at around 22:20 on December 29, 2013, the Defendant got the victim into the taxi and got the victim into the passenger room 608.

The Defendant: (a) lying the victim on the bed; (b) putting the victim on the bed; (c) putting the victim on the bed; and (d) putting the victim out of his clothes to have sexual intercourse with the victim; and (c) inserted the Defendant’s sexual organ into the negative part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C Complaints;

1. A criminal investigation report (IMoCC-TV and 608 verification), a criminal investigation report (Reference E, D Currency), a criminal investigation report (the re-recording of a suspect in the suspect's appearance and drinking image during the suspect interrogation), a criminal investigation report (Submission of a victim's additional statement by mail), and a criminal investigation report ( telephone conversations for the victim C's waters time prior to the victim's damage);

1. Application of the Acts and subordinate statutes on photographs by capturing a video CD or C-Submission camera room and capturing each screen, photographing photographs, or photographing rooms;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

arrow