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(영문) 부산지방법원 2014.04.25 2013고합816
유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 04:20 on July 20, 2013, the Defendant: (a) was introduced in the room No. 13 of 'D film loss' in Busan Jung-gu, Busan, on July 20, 2013. At the same time, the Defendant: (b) was divided the body of the victim E (here, 19 years of age) who first appeared in his/her inner body and 1-hour motion picture; (c) was able to kill his/her body, which he/she attempted to kill, and she was fright his/her finger, and her finger was frighted into the body of the victim, and her fingerd into the inner body of the victim.

On the other hand, the end has repeated and repeated music.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The report on internal investigation (the specification of the chairs);

1. Application of Acts and subordinate statutes to each investigation report (the video recording of the victim E-19 years of age and attachment of photographs at the scene of crime);

1. Relevant Article 297-2 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. Reasons for sentencing under Article 16(2) main sentence, (3), and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, Etc. [the scope of punishment] - The grounds for sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 16(3) and (9) of the Act on Special Cases concerning the Punishment, etc. of Probation, etc. [the scope of punishment] - the general standards for a sex offense, rape (the subject of at least 13 years of age), Type 1 / [the special sentencing] / the serious reflects of punishment [the scope of recommendation] / 1 year to 2 years (the maximum and minimum of the sentence applicable to the "general rape" is mitigated to 2/3] [the grounds for suspension of sentence] - There are no criminal records above the suspension of execution; the victim has no criminal records above the suspension of execution; the victim has been punished due to the suspended sentence of imprisonment for one year or more];

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