(영문) 대구지방법원 서부지원 2020.06.04 2020고합3

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(영문) 대구지방법원 서부지원 2020.06.04 2020고합3

강간등

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A defendant shall be punished by imprisonment for two years.

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 and the victim B (the family name) are related to human relations.

1. The Defendant, from around 22:00 on August 29, 2019 to around 04:00 on the following day, was sexual intercourse by inserting his sexual organ into the part of the victim’s sexual organ, inserting it into the part of the victim’s sexual organ, and inserting it into the part of the victim’s sexual organ, and putting it into the part of the victim’s sexual organ into the part of the victim’s sexual organ, and putting it into the part of the victim’s sexual organ, and putting it into the part of the victim’s sexual organ, and putting it into the part of the victim’s sexual organ, and putting it into the part of the victim’s sexual organ, and putting it into the part of the victim’s sexual organ, while putting it into the part of the victim’s sexual organ, at the same time.

In this respect, the defendant threatened the victim to rape twice.

2. The Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amerasation and photographing of Camerass, etc.) taken pictures of the body of the victim, who is expected to sit on the floor using his mobile phone functions, after rapeing the victim at the time and place specified in paragraph (1), against the victim’s will;

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 4);

1. Relevant provisions of the Criminal Act and Article 297 of the Criminal Act regarding criminal facts, the choice of punishment, and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) (the adoption of imprisonment with prison labor, etc.);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes determined in the first judgment of the largest punishment for rape);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Confiscation.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제14조 제1항

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