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(영문) 서울남부지방법원 2018.12.14 2018고합407

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

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

The defendant is a director of E in-house, and the victim F (V, 25 years old) is a director of the above company.

around July 13, 2018, the Defendant, at the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government “H” restaurant, finished a meeting with the Defendant, including the victim, and proposed that the victim drink with the Defendant’s house located in the Defendant’s wife, and then, at around 23:47 on the same day, he tried to rape the victim by suggesting that the victim drink with the victim at the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government I apartment 102 Dong 405 on the same day.

On July 14, 2018, at around 01:00, the Defendant attempted to raise the victim himself/herself from the living room of the above apartment, taken off the victim from the room, taken the victim's chest, walked the victim's chest, walked the victim's hair, and walked out the victim's hair, and taken the victim's sexual intercourse. On the first floor, the victim kidd away from the victim's body, kiddd from the victim's body, kidd from the victim's body to the victim's body, led the victim to the victim's house, and kid from the victim's sexual organ into the victim's body, kidd from the victim's inner part, and sealed the victim's resistance, and added the victim's sexual organ into the part of the victim's body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to F (net 22);

1. The police investigation report and the main copy of the CCTV image output attached thereto (3,4) ;

1. Application of Acts and subordinate statutes 9) gene assessment reports (netly);

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 stay of execution (The following consideration shall be repeated for the reasons for sentencing):

1. Reasons for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Sentence of a punishment by law;