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Reasons
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(영문) 창원지방법원 진주지원 2020.06.18 2019고합116
강간
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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 the above judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 00:10 on March 30, 2019, the Defendant: (a) at Seocheon-si B Indones, at the victim C (the 22 years of age); (b) at the time of drinking alcohol with the victim C, the Defendant: (c) had the victim’s hand on the bed; (d) had the victim’s hand on the bed; (e) had the victim’s hand on the bed; (e) had the victim’s hand on the bed; (e) had the victim’s hand on the bed; (e) had the victim’s hand over; (e) had the victim’s chest; (e) had the victim’s breast; and (e) had the victim’s finger filled into the part of the victim’s drinking; and (e) continuously inserted the victim’s finger into the part of the victim’s drinking; and (e) had the victim’s panty by inserting his hand on the part of the victim; and (e) had the victim’s sexual intercourse with the Defendant’s sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C, D, and E;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D, C, and E;

1. A complaint (C);

1. Application of the Acts and subordinate statutes governing Kakaoo 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;

1. 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 and notify information, and an employment restriction order; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the Defendant is a sexual crime.

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