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(영문) 의정부지방법원 2013.11.22 2013고합399
준유사강간
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

Criminal facts

On June 23, 2013, at around 05:40, the Defendant discovered that the victim F (n, 28 years of age) was on the part of his/her male-gu and his/her beds in his/her inner body when he/she discovered that the victim F (n, 28 years of age) was on the part of his/her breast-gu and that he/she was on the part of his/her mouth, and she laid down the victim's breast-gu and buckbucks.

Accordingly, the Defendant committed an act to put the fingers into the victim’s sexual intercourse with her potential to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. The defendant and his defense counsel's assertion about each investigation report (the current state of the entry into a hotel, the seat inside a D hotel, the contents of the direction of the inspection), the defendant and his defense counsel asserted that the defendant did not have the victim's chest or left the victim's fingers. However, the victim's statement appears to be based on actual experience in a very detailed and detailed manner. On the other hand, the defendant first stated that the victim's statement was just a buck back, and that the victim's bucks were sucked, and the victim's statement was changed to the victim's statement that the victim's bucks caused the victim's sexual desire to report the victim's appearance and that the victim's bucks were contacted with the part of the victim's sound. Thus, the defendant and his defense counsel cannot accept the victim's statement.

Application of Statutes

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

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

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