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(영문) 전주지방법원 2020.11.25 2020고합165
강간
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

From August 2017 to December 2017, the Defendant 2017 came back with the victim B (the name of the Defendant, the age of 24) and the deadly. However, around August 2018, the victim got out of the space between the victim and the sexual intercourse with the victim one time until March 2 to 3 months, 2019, even after the new male-gu was created.

From early April 2019, the Defendant: (a) obstructed the Defendant’s mobile phone numbers and did not contact with the Defendant in order to keep the victim no longer than the Defendant; (b) allowed the victim to walk the phone with the number of the victim’s unknown on April 11, 2019; and (c) allowed the victim to walk the phone with the number of the victim’s unknown on April 23, 2019; and (d) allowed the victim to walk to the new male-child group, “I would be able to walk to the new male-child group, and I would be able to find to the Korean male-child group.”

At around 00:30 on April 12, 2019, the Defendant, at the above Defendant’s residence, threatened the victim with and continuously sexual intercourse with the victim, as if the victim would speak the male-child of the victim, thereby suppressing the victim’s resistance, and placed the victim on the bed, placed the victim into the bed, and forced panty of the victim, and sexual intercourse with the victim once.

Summary of Evidence

1. A criminal defendant's statement in court (B)

1. Application of the Acts and subordinate statutes to medical statements prepared by the police for E and B (tentative names);

1. Article 297 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse may also be disclosed to the public if the personal identity of the accused is disclosed;

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