logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2017.03.23 2016고합74
준유사강간등
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

1. A quasi-Rape: (a) on March 15, 2016, the Defendant: (b) placed a victim under the influence of alcohol at the home of the victim C (V, 20 years old); (c) placed the victim’s house on the part of the victim C, who was under the influence of alcohol, in order to care for him/her; and (d) placed the victim’s part of his/her arms and clothes on the part of the victim; and (c) went off the victim’s clothes and clothes on the part of the victim; and (d) raped the victim under the influence of alcohol by inserting him/her into the part of the victim’s drinking part.

2. The Defendant, at around 04:00 on May 30, 201, attempted quasi-rape, while drinking alcohol together with the victim at the victim’s house as stated in paragraph (1) of this Article, she exceeded the victim’s clothes and clothes lying on the bend under influence of alcohol, and attempted to put his/her sexual organ into the victim’s sound part, but failed to put his/her sexual organ into the victim’s sound part.

Accordingly, the Defendant attempted to rape a victim in an incompetuous state under the influence of alcohol, but was guilty of attempted rape.

3. The Defendant taken, at the time and place specified in paragraph (1), the body of the victim, who may cause a sense of shame by using a camera or other mechanical device having similar functions, such as photographing the victim’s sound, tamp, etc. using a camera function inside his/her mobile phone (Evidence No. 1), from the victim’s feet, at the time and place specified in paragraph (1), and photographing the victim’s body against his/her will, by using a camera or other similar functions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;

1. Articles 300, 299, and 297 of the Criminal Act (the point of attempted quasi-rape) concerning the crime, Articles 299 and 297-2 of the Criminal Act (the point of quasi-rape), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of photographing a camera using the camera, the choice of imprisonment with prison labor);

1. An aggravated concurrent crime: the principal sentence prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an attempted quasi-rape with the largest punishment) shall be concurrent crimes;

arrow