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(영문) 부산지방법원 2019.11.29 2019고합347
강간등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

around February 19, 2017, the Defendant first met with the Victim B and the same year.

6. From around October 29, 201 to around October 20, 2018, the victim was living together in the victim’s residence and was notified by the victim around October 20, 2018.

1. On October 21, 2018, the Defendant: (a) 14:00 on October 21, 2018, in the victim’s residence, she saw the victim’s other male and female lines on the ground that the victim saw the victim’s clothes and inner clothes on the preceding day; (b) cut the victim’s conspiracy by using the victim’s clothes and inner clothes; and (c) forced the resisting victim to suppress the flasing victim; and (d) Rape the victim by inserting his sexual organ into the part of the victim’s sound.

2. At around 21:00 on the same day, the Defendant: (a) demanded a prompt change of the victim’s gender at the above residence; and (b) had the victim knee kel and refused to do so, the Defendant forced the victim to place the victim on the bed; (c) placed the bridge on the bed; and (d) inserted the victim’s sexual organ into the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes to a criminal investigation report (on-site photographs and original photograph worn at the time of damage), criminal investigation report (Attachment to a victim's negative photograph), criminal investigation report (any text message exchanged between the victim and the suspect), criminal investigation report (to hear statements of witnesses), and criminal investigation report (to hear reports of witnesses);

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;

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

1. An order to disclose, as well as an order to disclose, the age, character, and conduct, family environment, social relationship, record of a crime, and risk of recidivism, details and motive of a crime, method and consequence of a crime, and order to disclose, under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) and the proviso to Article 50(1)

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