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(영문) 서울동부지방법원 2018.07.25 2018고합160

강간치상

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

피고인은 2018. 4. 29. 01:30 경 서울 강동구 D에 있는 'E' 술집에서, 초면인 피해자 F( 여, 24세) 일행과 합석하여 함께 술을 마시던 중 바람을 쐬고 오자며 피해자를 데리고 근처에 있는 G 앞으로 가 벤치에 앉은 후 갑자기 피해자의 가슴과 허벅지를 만지고, 하지 말라며 피고인을 팔로 밀치는 피해자에게 강제로 키스하였다.

The Defendant continued to commit rape with the victim's body at a rare place, and had the victim's scarcityd with one arms, led the victim's scarke in Gangdong-gu Seoul, and forced the victim to sit on knee on the knee, and forced the victim to sit on the kne, and forced the victim to sit on the knee, and forced the victim to sit off the kne, cut off the scar, kn's chest, kn's breast, kn's finger, kn's finger, kn's finger, kn's finger, kn's finger, and kn's finger was added to the part of the victim's drinking, and the victim tried to take a part in the victim's drinking part, kn's finger, kn't the victim's finger, kn's finger to the parking lot, and tried to take part in the victim's chest, and reported the victim's chest and kn's finger to the victim's chest (the victim's breast.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, J, and K;

1. A written statement or an injury diagnosis statement;

1. Application of Acts and subordinate statutes to report on investigation (the submission of a written diagnosis of injury and a photograph of damage, the submission of additional evidence to victims, the investigation of CCTV on-site, and the ex

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act that choose a penalty;

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. Suspension of execution;