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(영문) 대전지방법원 2020.09.18 2020고합235
강간
Text

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

At around 16:00 on January 15, 2020, the Defendant completed the head hand hand hand of the victim C(here, 19 years of age) who is a customer at the beauty room operated by the Defendant in Daejeon-gu, Daejeon-gu, Daejeon-gu, the Defendant called “Ik only according to a short-term car,” and called “Ik if I are waiting for a short-term car,” the Defendant knife the victim’s hand hand into the toilet in the beauty room, and caused the knife by automatic locking the iron door for entering the beauty room, which was closed so that I cannot resist the victim.

In addition, the defendant stated that the victim in the toilet "I wish to do so" was the victim, and the victim called "I do not want to do so", and therefore the victim no longer able to resist even though he said "I do not want to do so", she must dance with the victim, put his finger into the victim's clothes, her chest into the victim's chest, and left the victim's chest as soon as her breast and panty.

In addition, the Defendant: (a) laid the victim head on the back of the victim; (b) laid the victim’s head on the part of the victim; (c) laid the victim’s sexual organ into the victim’s inner part; and (d) laid the victim’s sexual organ into the part of the victim’s inner part; (c) laid the victim into the victim’s inner part; and (d) laid the victim into the victim’s inner part; and (d) tried to put the victim into the victim’s sexual organ again into the part of the victim’s inner part; and (e) suspended the victim’s sexual organ because it

Accordingly, the Defendant committed rape after preventing the victim from resisting.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A gene appraisal report;

1. Details of conversation with the victim at Kakao Stockholm;

1. Application of statutes on site photographs;

1. Article 297 of the Criminal Act applicable to the 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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