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(영문) 서울동부지방법원 2016.08.11 2016고합160

강간등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant, from June 2010 to June 45, 2010, was living together with the victim C (V, 45 years of age) and was living in his/her family relation, and was living in his/her family relation on December 2015, he/she saw the Defendant as the Defendant.

After the end, there has been frequent dispute over each room.

1. Around 06:00 on February 1, 2016, the Defendant, at the victim’s home located in Gwangjin-gu Seoul Special Metropolitan City, attempted to take part in the victim’s room. The victim was unable to take part in the victim’s face by hand. The victim’s face, buckbucks, etc. were forced to leave the victim’s clothes, and the victim’s face, bucks, bucks, etc. were allowed to take part in the victim’s face, bucks, etc., and the victim took part in the part of the victim’s sexual organ, and raped once by inserting the victim’s sexual organ into the part of the victim’s sexual organ.

2. On February 2, 2016, at the places described in the preceding paragraph, the Defendant taken twice pictures of the body of the victim, who is raped by the Defendant and feel fear of fear of fear, using smartphones with the function of a camera, from the victim, at the places described in the preceding paragraph, at around 06:00, as described in the preceding paragraph, and taken twice against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C (victim);

1. Photographs and photographs;

1. A gene appraisal report;

1. Application of statutes on records of seizure and list of seizure lists;

1. Relevant Article 297 of the Criminal Act concerning the crime, the choice of punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs using a camera and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Aggravation of concurrent crimes (limited to the extent that the punishment is aggregated with the long-term punishment of two crimes) determined for the severe rape of rape;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;