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(영문) 부산지방법원 2014.11.28 2014고합432
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

At around 06:00 on May 1, 2014, the Defendant, at the E main point in the operation of the Victim D (L, 52 years of age) located in Busan Seo-gu, Busan Seo-gu, for the purpose of committing an indecent act against the victim, “I would complete late time” from the victim while drinking together with the victim.

The Defendant, as a food, threatened the victim with “I ambling satisfy by Embrying satisfy, I ambling satfy by Embry, I ambatfy, I ambat, I ambatfy, I ambatfy,” and forced the victim’s resistance.

The Defendant continued to cut off the sexual organ of the Defendant, leading the victim to “influence”, leading the head of the victim, but the victim was only and refused to do so, and again, fluencing the beer’s sexual organ into the beer’s disease and shaking the Defendant’s sexual organ.

Accordingly, the defendant committed an indecent act on the part of the victim with dangerous things.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. An investigation report (No. 16 No. 5 of the evidence list);

1. Confirmation of fingerprinting a case causing rape;

1. A written appraisal;

1. Application of the Acts and subordinate statutes to the correspondence sheet;

1. Article 4 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act concerning criminal facts;

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 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Article 62-2 (1) of the Criminal Act; the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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