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(영문) 부산지방법원 2014.07.11 2014고합149

강간

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 December 15, 2013, 04:10 on December 15, 2013, the Defendant drinking alcoholic beverages together with D, victim E (n, 37 years of age) at D’s house located in Busan, Sho-gu, Busan, and the Defendant was able to drinking alcoholic beverages first by the victim, the victim, and the victim’s side.

Therefore, although the victim rejected the victim's "not '," the defendant again flabed his finger with the victim's clothes, flabed his chest and flab with the victim's body, flabed the victim's two grandchildren by suppressing his resistance, and flabed his clothes by another hand, and flabed the victim's clothes once.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of saws attached to victims;

1. A written request for appraisal;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 297 of the Criminal Act applicable to the crimes;

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. Reasons for sentencing under Article 16(2) main sentence, (3), and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, Etc. [the scope of punishment] sexual crimes, 1 year and 6 months to 15 years [the scope of punishment] imprisonment, general standards, rape (subject to 13 years or more of age], 1 types [the scope of punishment for a special person], 3 years to 3 years of imprisonment, and 1 year and 3 years of criminal punishment [the scope of recommendation], 1 year and 6 years of imprisonment, 1 year and 3 years of imprisonment [the grounds for suspension of execution of sentence], 1 year and 3 years of imprisonment, there are no criminal records of probation, 1 year and 6 months of imprisonment, 1 year and 15 years of imprisonment, 2 years of imprisonment with prison labor, 2 years of imprisonment with prison labor, and 3 years of imprisonment with prison labor or more, 3 years of detention of the defendant's family members]