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(영문) 의정부지방법원 고양지원 2016.12.16 2016고합138

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

Around 14:00 on February 16, 2016, at the residence of the victim D (Wooyang-gu CB05), the Defendant tried to take the victim's hand from the victim's hand and get off the victim's body with one hand by drinking the victim's mind to rape. The Defendant was unable to put the victim's body into the Defendant's body and to take off the victim's body after subtracting from the Defendant's arm's body. However, at the same time, the Defendant continued to put the victim's body into the Defendant's body, she was raped by assaulting the victim's hand, etc., and put the victim's body into the victim's body, and put the victim's body into the victim's body, put the victim's pressure into the victim's body, put the victim's body into the victim's body, put the victim's pressure into the victim's body, put the victim's body into the victim's body, put the victim's body into one another part of the victim's body, and put the victim's body into the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to a gene appraisal statement;

1. Article 297 of the Criminal Act applicable to the crime and Article 297 of the Selection of Punishment (Overallly, Selection of Imprisonment);

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

1. Violation of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles’ Sex Offenses [the defendants violate the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (the crime of obscene use of communications media];