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(영문) 부산지방법원 2018.06.15 2018고합184
준강간등
Text

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

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

Reasons

Punishment of the crime

1. At around 00:40 on November 24, 2017, the Defendant: (a) discovered that the victim E (n, 29 years of age) was seated on the road under the influence of alcohol before the frequency of “D” located in Geum-gu, Busan; (b) brought the victim into the top of a FLst car; (c) brought the victim into the top of a FLst car; (d) brought the victim while driving into the Helel located in the same Gu and under the influence of alcohol; and (d) brought the victim’s chest, vessel, side fright, fright, and fright.

Accordingly, the Defendant committed an indecent act on the part of the victim in a state of impossibility of resisting under the influence of alcohol.

2. Around November 24, 2017, the Defendant: (a) 00:47, at the Hela as indicated in paragraph (1) of the same Article, frightened the victim; (b) frightened the victim; (c) frightened the victim to the 7th non-story guest rooms; (d) frightened by the victim E; (e) frighten off the panty; and (e) laid off the panty; and (e) frightened the victim’s bridge; and (e) raped the victim under the influence of alcohol by sexual intercourse with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Part E in the third police statement protocol against the defendant

1. Complaint;

1. A gene assessment report (No. 28 once a year);

1. Details of letters exchanged between the complainant and the victim, and voice files exchanged between the complainant and the victim (USB);

1. Investigative report (the verification of CCTVs at the scene of crime, etc.), and video CDs inside the Hel;

1. Investigation report (report on details of telephone communications with victims);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);

1. Relevant provisions of Articles 299, 298 (the point of forced indecent act, the choice of imprisonment), and 299 and 297 (the point of quasi-rape) of the Criminal Act concerning criminal facts;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up the long-term punishment of the above two crimes) ;

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

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