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(영문) 인천지방법원 2016.05.11 2016고합216
준강간등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Quasi-rape and larceny;

A. On February 28, 2016, at around 00:02, the Defendant discovered the victim F (n, 23 years of age) who was locked under the influence of alcohol from the third floor corridor of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the Nam-gu Incheon Metropolitan City, and panty of the victim and inserted the Defendant’s sexual flag into the part of the victim

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

B. The Defendant, at the time and place stated in the above paragraph (a) above, stolen 30,00 won in cash, Samsung Credit Card 1, Samsung Credit Card 1, Postal Bank Cock Card 1, and Handbags on the victim’s ownership with resident registration certificates.

2. Embezzlements of deserted articles in possession;

A. On February 20, 2016, around 23:30, the Defendant indicated the written indictment as “C” in the Defendant’s indictment at the front of the branch office of the Young-gu Office of the Korean National Bank, Young-gu, Incheon, Nam-gu, Incheon. However, according to the evidence duly adopted and investigated by this court, it is obvious that the Defendant is a clerical error in D.

The owner acquired a new physical card which he lost.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

B. On March 27, 2016, around 00:10, the Defendant indicated the Defendant’s indictment as D in the instant indictment on the victim C around the cab platform, Incheon department store located in the Nam-gu Incheon Metropolitan City, Incheon. However, according to the evidence duly adopted and examined by this court, it is evident that the Defendant is a clerical error in the C’s indictment.

The NA No. 1 copy of the lost No. NH Card was found.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

3. On February 28, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business is located in Nam-gu Incheon Metropolitan City G around 11:04.

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