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(영문) 인천지방법원 2014.08.22 2014고합284

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 6, 2014, the Defendant: (a) went to the victim C, who was a fluent smoked in the Defendant’s vehicle parked in the Southern-gu Incheon Metropolitan City, where it is difficult to know the trade name of the Defendant’s vehicle, and, (b) went into the said telecom with the victim, the victim was off, she was fluored, and the victim was trying to get off and off the vehicle, etc.; and (c) continued to go into the said telecom with the victim, such as the victim’s flusing that the victim would not enter the telecom without entering the telecom.

The Defendant, in a guest room where the number of houses is unknown, was unable to resist the victim, by putting the victim in mind to rape, and putting the victim on the body of the victim on the bend, putting the victim's bridge on the wall, putting the victim's clothes in hand, forced the victim's clothes by hand, putting the victim off, and preventing the victim from resisting the victim's face part by hand, such as the victim's locking the defendant's arms and taking the defendant's arms without standing, and committing rape at one time.

2. On January 8, 2014, the Defendant: (a) committed sexual intercourse at a guest room with the view to rapeing the victim at which it is impossible to know the number of the E’s hair in Nam-gu Incheon Metropolitan City, and (b) obstructed the victim from resisting, such as forced her clothes by placing the victim on the bed; and (c) her shouldering the victim’s body with his/her shoulder hands on the part of the victim’s body; and (d) committed sexual intercourse once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the prosecution note (a copy of the expert report on sexual assault);

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes prescribed in paragraph (2) of the same Article, among concurrent crimes)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The Criminal Act, the suspension of execution;