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(영문) 대구지방법원 김천지원 2020.04.28 2020고합14

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 September 13, 2019, at around 03:10 on September 13, 2019, the Defendant sent the victim B, etc. to the house after drinking the victim. On September 13, 2019, the Defendant told the victim that he wanted to go to the toilet after going to the front of the house of the victim in Gumi-si C along with the victim.

After that, the Defendant: (a) was able to report the victim’s clothes in the room to rape; (b) was frighten the victim’s grandchildren from the room to the room; (c) was placed on the part of the victim; and (d) went off the victim’s body and forced her getting off the victim’s body; and (d) attempted to be laid off and inserted into the victim’s body; (b) the victim refused it; and (c) went off the victim’s body; and (d) took off the victim’s body, the Defendant’s sexual organ was inserted into the part of the victim’s body. However, the Defendant’s sexual organ was inserted into the part of the victim’s body.

Accordingly, the defendant abused and raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes to response to requests for appraisal;

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

2. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. 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 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 have no record of being punished for sexual crimes prior to the instant crime, and the Defendant appears to have been sentenced to punishment for sexual crimes, registration of personal information, orders to attend sexual assault treatment courses and employment restriction orders alone.

otherwise, the age of the defendant;