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(영문) 전주지방법원 2014.10.02 2014고합175
준강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant is the friendship and relationship between the victim H (n, 23 years of age), and the Defendant was a woman-friendly relationship and the victim, and it was difficult for the Defendant to take the two people to live together when they drink together.

On June 24, 2014, the Defendant: (a) around 04:00, at the “Jmotour” located in YA, the Defendant: (b) provided that, while drinking alcohol with her female friends; (c) provided her female friends; and (d) provided her felto, rather than the victim’s home, paid her furine expenses; (b) provided her furine with the victim’s home, and went into the said 306 room.

The Defendant, entering a room, lying the victim into a bed, laid down his jackets and clothes inside each of them, cut off his chests, cut off his clothes, cut off his inner clothes over one bridge, and bread up his fingers with his fingers.

The defendant continued to have sexual intercourse with the victim by entering the victim's own bridge and inserting his own sexual organ into the victim's sound book.

Accordingly, the defendant raped the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H and L;

1. Application of Acts and subordinate statutes to investigation reports (including attachment of photographs to the victim of violence), investigation reports (Jmomoto ctv analysis);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The case in which the Defendant’s age, family environment, social relationship, criminal record, and risk of recidivism recognized in the record under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure and notification, 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, are committed

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