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(영문) 인천지방법원 2020.01.17 2019고합659
강간
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

On January 22, 2019, at around 07:02, the Defendant, at the front corridor of the Defendant’s residence in the Bupyeong-gu Incheon Bupyeong-gu B building C, the Defendant proposed that the victim D (the age of 21) set up a cell phone at the seat of the seat, set up a cell phone at the seat of the seat of the seat, and shoulder the seat by opening the door door door door door of the seat, and used the cell phone to lend the victim’s cell phone. On January 22, 2019, the Defendant tried to rape the victim with the knowledge that the victim was under the influence of alcohol.

Therefore, the Defendant, at around 07:12 on the same day, proposed that he/she borrow a mobile phone again to the victim from a corridor because he/she did not receive the phone, and carried the victim into his/her own residence, and subsequently, she was raped by inserting the victim’s sexual organ into the part of the victim by inserting the victim’s arms into the front door, putting the victim’s arms into the front door and placing the victim’s arms into the front door, putting the victim’s arms into the front door, cutting down the victim’s body, cutting down the victim’s body, putting the victim’s body into the victim’s tight and reported.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of investigation reports (invitations for appraisal request - South-NA detection), investigation reports (in cases of suspects, victims' response to comparison analysis), investigation reports (in cases of search and investigation-B building CCTV content), and application of Acts and subordinate statutes;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes exempted from disclosure orders and notification orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso appears to have an effect to prevent the Defendant from

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