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(영문) 수원지방법원 성남지원 2016.08.25 2016고합122

강간

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

At around 14:30 on December 21, 2015, the Defendant: (a) moved the said vehicle to the back seat of the passenger car and moved the said vehicle to the back seat of the passenger car by putting the victim on the top of the Dsch Rexroth car steering group owned by the Defendant, driving the road between Sungnam-gu and Sungnam-gu in the direction of gender south; and (b) parked the said vehicle in the retaining wall to the extent that it would not open a string door from the “F” located in Gwangju-si, Gwangju-si, while moving the vehicle to the back seat of the passenger car; and (c) moving the vehicle to the back seat of the passenger car.

Since then, the defendant was trying to sit the victim in kneek and kne the breast in the defendant's knee, and was trying to get out of the victim's kne, but the victim did not flad with the victim's kne.

In spite of refusal, the victim was forced to get the victim off by force, so that it was impossible to resist the victim's resistance, and the defendant's sexual organ was inserted into the part of the victim's sound, thereby sexual intercourse and rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Four stenographic records or video recorded CDs in the statement of the victim;

1. Investigation report (collection of the back seat of the suspect's vehicle) and investigation report ( CCTV in the Gelel parking lot);

1. Vehicle photographs, black boxes, and CDs;

1. Application of the statutes of the response request 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and 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 Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, result, and gravity of the instant crime);