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(영문) 수원지방법원 2017.11.09 2017고합549
준강간
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

Punishment of the crime

On April 8, 2017, at around 11:00, the Defendant discovered the Victim F (F) who intends to return home in the state of drinking and dancing with drinking and drinking alcohol in the second hotel underground of D hotel located in Gangnam-gu Seoul, Gangnam-gu, Seoul around 11:00, the Defendant attempted to rape by using the fact that the victim was in the state of drinking and drinking, and the Victim is able to rest in the house.

“A victim who refuses to take advantage of the vehicle while driving the vehicle at the said club and driving the vehicle at the Defendant 1’s seat, putting the victim’s arms in his seat, and leading the victim, “A person who refuses to take on a vehicle.”

“A person who is the victim of the instant vehicle was sealed in two hands to the chief of the said vehicle operation.”

At around 12:45 on the same day, the Defendant driven the said car to a light expressway in the direction of a water source, parked the said car in the H parking lot located in Seongbuk-gu, Sungnam-si, Sungnam-si, and suckbucks and chests of the victim, sucks and sucks of the victim, kids and sucks down the fucks of the victim, kid by placing the fucks and sucks of the victim, and kid up the ske up on the part of the victim, and put the Defendant’s sexual flag into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental and physical loss or non-recoverable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to each investigation report (as for the additional analysis of CCTV, such as verification of the EM and H site);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall be considered as follows;

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

1. Article 47(1) and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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