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(영문) 인천지방법원 2016.01.27 2015고합744

강간

Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 19, 2015, the Defendant came to know of the victim E (the 52 years of age) who had come to know at the “D” singing room located in Bupyeong-gu Incheon Metropolitan City (the 52 years of age) and had come to contact. On September 18, 2015, the Defendant sent the victim a sexual intercourse, etc. under an agreement at the cafeteria in the restaurant and singing room and brought the victim refusing to return to the taxi. On September 19, 2015, the Defendant sent the victim a sexual intercourse, etc. on the part of the victim who tried to return home at around 01:30 of the same month after having come to know that he would have come to know of his desire, put the victim into a taxi and returned to the G located in Bupyeong-gu Incheon Metropolitan City, and moved the victim back to the G located in Bupyeong-gu, Incheon, and let the victim go to the taxi.

The Defendant continues to have been killed in the victim from 02:00 to 04:00 on the same day.

"A threat, such as "," the fat of the victim's bat, the victim's fat, and the victim's bat as a G Park cemetery, and the bat is very hot sat.

The death will be caused if he/she intends to do so.

“Intimidating the victim’s resistance by threatening it, the victim was placed on the floor, left the victim’s panty, left the victim’s panty, and inserted the Defendant’s sexual organ into the part of the victim’s sound, thereby rapeing the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, 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 disclosure and notification order of registered information may have a significant impact on the defendant, so it is necessary to exercise careful caution in that the disclosure and notification order of registered information may have a significant impact on the defendant, that is, the following circumstances recognized in the record that the defendant has no same force