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Reasons
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(영문) 수원지방법원 안산지원 2019.03.29 2019고합13
준강간등
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A defendant shall be punished by imprisonment for not less than two years and six months.

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

On July 19, 2018, the Defendant got home first and got home at around 22:00 on the same day, and got home at around 22:00 on the same day, and the Defendant was able to have sexual intercourse with the victim, with the victim as he was unable to set the mind by drinking alcohol.

1. Around 01:30 on July 20, 2018, the Defendant: (a) laid the victim in the “F 28 singing room” located in Sinscise E; (b) laid the victim’s body up on the Defendant’s buckbucks; (c) laid the victim’s chest, she was able to talk with the victim’s panty; and (d) laid off the victim’s panty, and inserted the Defendant’s panty into the part of the victim’s panty.

At around 02:00 on July 20, 2018, the Defendant laid off the victim by Gurmo H with Gurmo-si, Ga and the victim, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-fluence state over twice.

2. Around 06:30 on July 20, 2018, the Defendant: (a) was raped on the part of Gambur H, the victim was found to be shouldered in the lock; (b) the victim was able to enter the victim’s hand on his/her part; and (c) the victim was frighted into the part of the Defendant; and (d) the victim was frighted in the bend; (c) the victim’s body (k) was divided into the victim’s body (k 178cm, body weight 115km); and (d) the victim was raped by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement made to B (alias);

1. A criminal investigation report (to attachCCTV images), investigation report (to verify CCTVs), and each CCTV image;

1. The application of Acts and subordinate statutes requesting appraisal to an investigation report (the result of reply to an appraisal);

1. Criminal facts;

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