logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.05.24 2018고합123
유사강간등
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

The defendant and victims are the first time between the club and the victim.

1. On October 15, 2017, the Defendant committed indecent act by compulsion against the victim B: (a) on October 15, 2017, the victim B, who was friendly E in the studio No. 9 of the Dju shop located in Busan-gu Busan-gu, Busan-do, called “blosting” to “the victim B (the 24 years of age is losses losses losses losses losses losses losses losses losses losses losses losses losses losses losses losses losses losses losses losses losses losses losses losses to the victim’s upper part; and (b) rhh the breast with the breast.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The Defendant, at around 03:30 minutes on the same day, engaged in a talk with the victim F, which he had been working in the same place as “balking,” and used the victim’s crym for the victim’s own cryp, and rhn the finger by inserting his hand into the victim’s upper part.

Therefore, even though the victim continued to express his/her face, body, and expressed his/her intention to refuse, the defendant was able to see the victim by putting him/her on a sofa, putting him/her on a sofash, raising his/her finger into the victim's panty, and raising his/her fingers into the victim's panty.

Accordingly, the defendant forced the victim to put his fingers into the victim's sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the statement by prosecution against F and B;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 297-2 of the Criminal Act and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes of similar rape which are heavier than the punishment];

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order of disclosure; and

arrow