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(영문) 수원지방법원 성남지원 2016.04.14 2015고합287

강간등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

(e).

Reasons

Punishment of the crime

On August 24, 2015, the Defendant was sentenced to a suspended sentence of one year and a fine of 300,000 won in the fourth month of imprisonment with prison labor due to interference with the execution of official duties at the Suwon Friwon method, and the judgment became final and conclusive on September 1, 2015.

1. The Defendant, at around 17:00 on August 5, 2015, drinks together with the victim E (at the age of 25) and drinking together with the victim E (at the age of 25) using smartphone licensing “D”. The Defendant, while drinking alcohol at the victim’s home located in the area F in the area where the river is located in the area where the river is located in the river.

On August 5, 2015, the Defendant, at around 22:00 to 23:00, 200, viewed “the victim was drinking together at the victim’s house,” and refused to do so, was placed on the victim’s knife by hand, and was placed on the victim’s knife by cutting off the victim’s knife with his knife at the victim’s knife, cut off the victim’s knife with his knife at the victim’s knife, and then inserted the victim’s knife’s knife with the victim’s knife at the victim’s knife.

Accordingly, the Defendant raped the victim once.

2. On August 5, 2015, at around 23:00, the Defendant discovered that rape from the Defendant was hidden by the victim, as described in the preceding paragraph, at the front of the said victim’s house, and led the victim’s timber to approximately 3-4 meters, knee kne-de kne, knee-de, etc., where the victim’s number of days of treatment cannot be identified.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness E and G;

1. Investigation reports and investigation reports (in response to requests for appraisal), and reports on criminal records;

1. 112 Statement of Receipt of Reports;

1. A photograph by cutting off the CCTV of a parking lot, such as a field photograph;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as report on investigation (report on confirmation of previous convictions) and criminal history;

1. Article 297 of the Criminal Act applicable to the crime, the choice of punishment, and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;