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(영문) 대구지방법원 2014.04.18 2014고합66

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 16, 2013, at around 03:00, the Defendant, within the D cafeteria operated by the Victim C (Y, 54 years of age) located in the G Dolbuk-gun, had been in a mixed restaurant even though 2 people drink the victim to rape, and 2 people of the above ship returned home, were in the same restaurant.

The Defendant stated that the victim, who was mixed in a restaurant, said that the victim would be able to get in the restaurant as soon as possible, said that “the victim would come in one stop and move in,” and that the victim would be able to take up both shoulders of the victim by hand, and then the victim would be able to enjoy both arms of the victim and be in the entrance of the victim by hand.

When the victim gets her body, and she gets her back, the defendant she she she must she she and she she

(i) death if they were to know;

"At the end, at one hand, the part of the victim's interest is divided into the victim's interest, suppressions the resistance, and only one hand off the victim's will and panty panty, and sexual intercourse was committed once by inserting the victim's sexual organ into the victim's sound part.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to investigation reports (specific suspect, victim locked);

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. The grounds for the sentencing of Article 16(2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Ordering Service and Ordering to Attend the Course [Determination of Punishment] and the general criteria for the punishment of sex crimes [Special Rape] - The mitigated elements: Imprisonment with prison labor for one year and six months to three years [the scope of recommendations] (the scope of recommendations] - The mitigated element: The serious reflect [whether suspended sentence is suspended] - The main reasons for the punishment are positive (unguilty of punishment).