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(영문) 인천지방법원 2016.09.21 2016고합551
강간
Text

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2016, the Defendant first liveded with the victim C (the 39 years of age) who was a shot in the mutual singing room located in Yeonsu-gu Incheon Metropolitan City’s Line. Around that time, the Defendant had liveded with the victim C (the 39 years of age) for about two months from that time, and had the victim make a bry, and made verbal abuse at any time while under the influence of alcohol, and did not meet each other.

On August 3, 2016, around 01:10, at the victim's house located in Nam-gu Incheon Metropolitan City DBD 401 on August 3, 2016, the Defendant entered the room without immediately opening the front door, and forced the Defendant to visit the 112 report, so that the Defendant was forced to leave the victim's cell phone, and then deducted the victim's cell phone from the police to make the report.

“Along with the victim’s head by sound, the victim’s head was laid on the wall, the cell phone was laid on the wall, the head, face, etc. of the victim several times, the hump of the victim’s head, hump, hump, hump, etc., the victim’s hump was taken on the hand, the victim’s hump was collected, and the victim was laid on the victim’s head, and the victim’s hump, face, hump, and hump was taken.

In addition, the victim tried to be placed on the panty of the victim by leading the victim's head, and to be out of the victim's panty, but the victim resisted the victim's body with his body in his body and her body, and led the victim to sexual intercourse once after suppressing the victim's resistance when she met the victim's head, leaving the victim's head, and knife the victim's head at the time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against victims C;

1. Application of Acts and subordinate statutes to the written request for appraisal;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The disclosure; and

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