성폭력범죄의처벌등에관한특례법위반(특수강간)등
A defendant shall be punished by imprisonment for three years.
except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant and the victim C (the age of 21) are foreigners of Cambodia's nationality and also reside therein.
1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
A. On May 3, 2014, the Defendant demanded a sexual relationship to the victim living together in the room of the Defendant’s residence located in Scheon City D, but the victim refused to do so, showed the victim’s knife, which was a deadly weapon (50 cm in length and 30 cm in length on the day) kept in his/her residence, thereby preventing the victim from resisting one another, and sexual intercourse with the victim.
B. On June 16, 2014, the Defendant demanded the victim to engage in sexual intercourse at the same location, but the victim refused such sexual intercourse, thereby threatening the victim by placing the victim under the influence of the victim, thereby preventing the victim from resisting, and then sexual intercourse with the victim once.
2. In June 2014, the Defendant: (a) demanded the victim to engage in sexual intercourse at the place above, but (b) forced the victim to refuse to act; (c) forced the victim to go off the clothes of the victim; and (d) prevented the victim from resisting the said knife on two occasions; and (c) sexual intercourse with the victim once.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement made to E, F, and C of the preparation of a police police officer:
1. Application of Acts and subordinate statutes to submission photographs and reports on investigation of witnesses (Attachment of photographs submitted by reference witnesses);
1. Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 297 (1) of the Criminal Act (a point of special rape) and Article 297 of the Criminal Act;
1. Selection of a limited term of imprisonment with respect to the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape) committed on June 16, 2014, among concurrent crimes]
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;