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(영문) 서울중앙지방법원 2016.01.22 2015고합909

강간

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

The facts charged in the crime were revised in the order of time.

피고인은 2015. 4. 24. 저녁 무렵 약 3개월 전에 술집에서 합석하여 알게 된 피해자 C( 가명, 여, 26세) 과 볼링을 치고 술을 마신 다음 2015. 4. 25. 02:00 경부터 03:00 경 사이에 서울 관악구 D에 있는 ‘E’ 모텔 501호에서 피해자와 함께 위 모텔 방에 들어가서 씻고 나와 서 있는 피해자의 손목을 확 잡아당겨 침대에 눕히고 피해자의 몸 위에 올라 타 피해자의 몸을 눌러 피해자를 움직이지 못하게 한 후 혀로 피해자의 목을 핥고 피해자의 옷을 위로 올려 입으로 피해자의 가슴을 빨았다.

The Defendant continued to divide the body of the victim’s body, who was sealed and resisting the Defendant by hand, and forced the victim’s resistance, and exceeded all the part of the victim, and deducted him from the victim’s body due to his fingers and her fingers, and followed by the deduction of the victim’s son’s son and son’s son’s son’s son and son’s son’s son’s son’s son’s son’s son’s son’s son’s son, and

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C (tentative name);

1. Application of Acts and subordinate statutes to the written request for appraisal;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles (limited to the case where the Defendant has the history of fine two times, and there is no record of sex offense, and the Defendant’s personal information is registered and orders the completion of a sexual assault treatment program.