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(영문) 서울중앙지방법원 2018.08.31 2018고합543

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 April 2015, the Defendant came to know of the victim C (at 30 years of age) residing in the former State with the introduction of a person around the last week, and sent the victim a written message or sent a telephone call to the former in order to meet the victim.

around 00:45 on June 1, 2015, the Defendant made a proposal to the victim that “the victim drinks with the victim at a nearby drinking house” and “the victim drinks with the victim at an implied mother, she would go to the “Felel” located in the front city E in the front city of the Defendant’s accommodation.

On June 1, 2015, the Defendant: (a) around 04:45 Maurel 403 around 04:45 Maurel 403 maurbhered the victim with his/her her blick; and (b) said that the victim

After suffering from the defect, the victim's body was divided into two arms by force into the victim's body, suppressions the victim's resistance, and the victim's resistance is not followed.

In doing so, I am off the body and clothes of the victim, and inserted the sexual organ into the body of the victim at once.

Accordingly, the defendant raped the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor to the victim;

1. Application of investigation reports (referring to reporting on the time and place of damage and attaching photographs to the scene), and application of Acts and subordinate statutes for investigation reports (referring to submitting reference materials to victims);

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. 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 a notification order, 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 (the defendant has no same criminal record and sexual assault against him/her).