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(영문) 창원지방법원 2016.08.25 2016고합164
준강간등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

(e).

Reasons

Punishment of the crime

1. Around 00:05 on May 28, 201, the Defendant, as a business-use taxi engineer, was willing to engage in sexual intercourse with the victim F (mar, 21 years old) who was working for E-si near the D cafeteria located in Kimhae-si, Kimhae-si, left the victim F (mar, 21 years old), as a customer, and discovered that the victim was in the state of drinking with the victim’s mother.

The Defendant, at around 00:13 on the same day, laid off the victim’s clothes under Hel 502 located in G in Kimhae-si, and had sexual intercourse once with the victim, taking advantage of the victim’s in a state where the victim was under the influence of alcohol and cannot resist against it.

Accordingly, the Defendant is likely to recommit a sexual crime in light of the background of the sexual crime and the circumstances of the case.

2. A special intimidation: (a) the Defendant, as described in paragraph 1, has sexual intercourse with F; (b) has removed the trace of committing the crime, such as putting the clothes of F, taken in, and being taken out; (c) had searched F’s mobile phones and contacted the victim I (57 3) stored as “I” and had the victim I (57 3) enter the said her place; and (d) whether the victim, who was F’s shesheshesheshesheshes, was not raped with the Defendant “I”.

Defendant continued to rape in F even after the police officer was called out after complying with the report and 112 report.

On the ground of talking, the defendant threatened the victim with one (13 cm wide, 91 cm long) in a dangerous object in the string line of the defendant's taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and F;

1. A report on appraisal with a State;

1. Application of the Act and subordinate statutes to a photograph attached to an investigation report (a photograph and CD attachment, etc.) and a criminal investigation report (to attach major pages to a bel CCTV-cape);

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 299, 297, and 284 and 283 (1) of the Criminal Act (the point of special intimidation and the choice of imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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