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(영문) 서울동부지방법원 2013.11.07 2013고합232
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a person working for a construction-day job, and is an external third village of the victim C (24 years old, female).

From June 2013, the Defendant resided in the same residence as the victim.

On June 25, 2013, at around 08:30, the Defendant tried to rape the victim while putting the victim under the influence of the victim’s back-to-face and titts in the Defendant’s dwelling plan located in Gwangjin-gu Seoul Special Metropolitan City DB01, intending to see the victim’s back-to-face and titts, booming the victim’s back-to-face, biffing the victim’s back, biffing the victim’s back-to-face, biffing the victim’s hand into the victim’s clothes, and biffing the victim’s part into the victim’s back-to-face, and biffing the victim’s part into the part of the victim’s back-to-face. However, the Defendant resisted and resisted the victim’s back-to-be.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 15 of the relevant Act on Criminal Crimes and Articles 15 and 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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. Where a conviction becomes final and conclusive on the facts constituting the crime stated in the judgment on personal information of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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