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(영문) 춘천지방법원 원주지원 2014.12.31 2014고합121
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Around January 2008, the Defendant was living together from around 2009 to December 201, 2008 with the victim C (n, 46 years of age) who was at the request of the victim.

The Defendant requested the victim to keep away from the Defendant even though he was the victim, and she was present at a public performance place with 345 Manidong-dong on August 8, 2014, when she was living together with the victim, the Defendant she told her to talk with or on the Defendant’s vehicle at a public performance place with 345 Manidong-dong-dong-dong, and her “Eel-man’s 215 room” in the same city, and her fele the victim and her off the clothes of the victim at around 14:00 on the same day, she did not kneee the victim, she tried to have knee the victim, who was feld with a green tape prepared in advance at the victim’s home at around 14:00 on the same day, and she did not have sexual intercourse with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The first police statement concerning C, the first police statement, and the police statement of C;

1. Application of Acts and subordinate statutes to each list of seizure and protocol of seizure;

1. Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act;

1. Of the reasons for sentencing under Articles 53 and 55(1)3 of the Discretionary Mitigation Criminal Act.

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