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(영문) 대전지방법원 2018.09.13 2018고합303
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

Around 03:00 on May 7, 2018, the Defendant: (a) while she was suffering from a dispute with the victim at the residence of the victim D (the name of the victim), who is a fluened ties C B B (the name of the victim) located in Seo-gu Daejeon, Daejeon, Daejeon, 203 on May 7, 2018; (b) was discharged from the victim's panty; (c) was discharged from the victim's panty; (d) was discharged from the victim's panty; and (d) was cut off from the victim's head and brode; (e) was fluened from the victim's head; (e) was fluened into the victim's kneb; (e) the victim's chest was fluened; and (e) the part of the victim's kneb and the part of the victim's kneb; and (e) was divided into the victim's kick.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to the seizure protocol (voluntary submission), list of seizure, red sea photograph, and reply letter of request for each 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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

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 exempt from disclosure orders, notification orders, and employment restriction orders, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the order to disclose personal information, notification orders, and employment restriction order may have a significant impact on the Defendant.

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