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(영문) 의정부지방법원 2020.06.05 2020고합15

성폭력범죄의처벌등에관한특례법위반(특수강간)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On December 20, 2018, the Defendant offered that “I will pay money to the victim B (hereinafter “I will take part in the part of 19 years of age)” through the cell phone fluor, “I,” and then, around 02:30 on the same day, the Defendant moved the victim who was in front of D in Yang-si, in the front of C, to the Defendant’s vehicle, with a knife knife, which is a dangerous object inside the vehicle. I will put the knife off. I will put the clothes. I will put the clothes into the house, and send it to the house, I will put the knife. I will put the victim’s chest, knife the knife, knife the victim’s finger, knife the victim’s finger, and knife the victim’s knife with the Defendant’s sexual flag, and inserted the victim’s knife with the Defendant’s sex.

Accordingly, the defendant raped the victim with dangerous things.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement of B and E;

1. Written statement of victim B;

1. A medical certificate (B), records of sexual assault victims, emergency physical crym list in collecting evidence of sexual assault, and statement and analysis report;

1. A report on occurrence, each internal investigation report (the No. 11, 14, 17, 21, 24 of the evidence list), each investigation report (the No. 25,26, 30, 32, 35, 38 of the evidence list), and recording recording;

1. The application of Acts and subordinate statutes to a reply to the request for appraisal (2018-H-24207), a legal chemical appraisal statement, a reply to the request for appraisal, each gene appraisal statement, a response to the request for appraisal (2019-H-52), a Frocco or vehicle photograph, a color photograph of the Kakao Akao Act, a photograph to the extent that the suspect is a green knife, a vehicle photograph, and a record record;

1. Article 4 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 297 of the Criminal Act

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. The Criminal Act, the suspension of execution;