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(영문) 수원지방법원 평택지원 2015.10.14 2015고합100

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

Punishment of the crime

On June 24, 2015, the Defendant took a dynamic image with the victim C (n, 30 years of age) known through smartphone hosting apps around June 24, 2015, while having sexual intercourse with the victim C (n, 30 years of age).

At around 13:00 on July 12, 2015, the Defendant, at the location of the victim’s house located in Pyeongtaek-si D, threatened the victim to the effect that “The sexual relationship No. 5 is to increase the number of times when the victim does not come to the woman’s mar. When having sexual intercourse, he would spread the body pictures to the company.” On two occasions, the Defendant had sexual intercourse with the victim who had sexual intercourse in a trade name in the place of Pyeongtaek-si (hereinafter referred to as Pyeongtaek-si) and was unable to resist due to such intimidation.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made by the police officer C on the statement; and

1. A written statement of C Preparation and written confirmation of investigation process;

1. Statement of investigation report prepared by the police;

1. Investigative report on police preparation (attached photographs and CDs included in accompanying pictures and Kakaooto dialogues stored in suspect mobile phones);

1. Entry of the police record of seizure;

1. Application of each film-related statute in each photograph (Evidence No. 20-22)

1. Article 297 of the Criminal Act by universal title with respect to the relevant criminal facts;

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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (3) and Article 2 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify registered information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism recognized as recorded];