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(영문) 부산지방법원 2018.01.05 2017고합529
강간
Text

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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 18, 2017, the Defendant d'D' located in Busan BYY YUD and her woman's introduction into E and her woman, who d'D, d', d', and d't drink together with the victim F(51 years old) first met.

From 17:30 on the same day to 18:00 on the same day, the Defendant dumpeded the victim under the influence of alcohol by drinking more alcohol to the Defendant’s house, and breathed the victim’s sexual organ into the part of the victim, she was placed on a matre lease, placed on the victim’s body on the part of the victim’s body, she thmdddd the victim’s body and shed up the victim’s body, she tried to get off the victim’s bump and clothes, and she she resisted the victim’s body with the victim’s body, she she dumpeds the victim’s body with both hand and fumped the victim’s resistance, and she had sexual intercourse once by inserting the victim’s sexual organ into the part of the victim.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor and police with respect to F;

1. Application of Acts and subordinate statutes to the victim's telephone statements hearing as a result of each investigation report, 112 report processing table, seizure report, emergency key for collecting evidence of sexual assault, genetic analysis request, etc.;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the family environment, social ties, criminal records and the risk of recidivism recognized in the record, the degree of disadvantage and anticipated side effects of the Defendant on account of the disclosure order or notification order.

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