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(영문) 대구지방법원 경주지원 2016.06.03 2016고합4

강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On September 7, 2015, the Defendant got the victim to “Felel” located in the same Eup/Myeon that he would receive entertainment expenses after drinking alcoholic beverages with the victim E (at 29 years of age) who is a multiple employee in the “D Singing Practice Center” located in the racing-si.

At around 23:00 on the same day, the Defendant had a mind to rape the victim by advertising things that were gird with the victim in the guest room 702 above 702.

Accordingly, the Defendant, in both hands, brud the victim’s body above the victim’s body, bruddd the victim’s body, and brued and resisting the victim’s body, separated the victim’s body into two hands so that the victim may not resist one another, and then brud the victim’s finger with the victim’s clothes, cut off the victim’s chest and panty, added the victim’s chest into the victim’s chest, and sexual intercourse with the victim by inserting the victim’s chest into the part of the victim’s sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each gene appraisal document and reply statute requested for appraisal;

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 circumstances considered in favor of the reasons for sentencing);

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

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant is closely against his own crime; the instant crime is not a sexual crime against many unspecified persons; the Defendant did not have been punished for a sex crime prior to the instant crime; and the Defendant did not have been victimized by agreement with the victim.