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(영문) 서울북부지방법원 2016.06.10 2016고합169

강간등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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 Defendant had shown on the new wall that she was walking her BMW 528i vehicle against women who walk around the bM club, and had been able to rape with women who have interest in this regard into a hotel by burning at the vehicle.

On October 25, 2015, the Defendant driven his BMW vehicle at around 07:00, and was in front of his GM club located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant was a victim H (n, 32 years of age) who was in front of the GM club, and was in front of the GM club, and was a person who scams at the age club, and was in front of the Defendant’s vehicle, and went back to his house, and followed the alcohol, and 505 J hotel located in Dongdaemun-gu I in Seoul, Dongdaemun-gu.

At around 10:00 on the same day, the Defendant drinked a group dial-a-bes by drinking alcohol, and demanded the victim to pay off the credit amount of the victimized person at the above guest room. The victim refused the victim's hair, allowing the victim to quickly stop his/her hair, allowing the victim to stop his/her breast and put his/her spit into the victim's spit and put his/her spit into the victim's spit, and repeatedly boomed the victim's resistance at a number of times, he/she exceeded his/her clothes, and repeatedly embling and raped by inserting his/her sexual organ one time in his/her mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in relation to H;

1. Descriptions of a written request for medical care benefits;

1. Application of each stated statute of the reply to a request for appraisal and the notification of correction of the request for appraisal;

1. Article 297-2 of the Criminal Act (a point of similar rape) and Article 297 of the Criminal Act concerning a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by the heavier punishment for rape);

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 provides that the suspension of execution (i.e., for the following reasons, repeated consideration of favorable circumstances among the reasons for sentencing).