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(영문) 서울중앙지방법원 2014.02.04 2013고합1244
강간등
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

1. Around 01:30 on November 4, 2013, the Defendant met the victim E (the age 26) in front of the “Dju store” located in Gangnam-gu Seoul Metropolitan Government, and went to the Gelel located in Gangnam-gu Seoul Metropolitan Government F, around the same day, around 07:10 on the same day.

The Defendant: (a) led the victim’s hand to avoid entering the telecom before the above telecom; (b) 307; (c) lying the victim’s body into the telecom, booming the victim’s body on his hand; (d) emphasizing the victim’s body on the part of the victim’s body; (c) emphasizing the victim’s body on his part; and (d) embling the victim’s body into the victim’s entrance; and (d) embling the victim’s sexual organ into the part of the victim’s body, and raped by inserting the victim’s sexual organ into the part of the victim.

2. At around 09:30 on November 4, 2013, the Defendant: (a) drafted a written statement concerning rape cases as referred to in the preceding paragraph at the office of the Gangnam-gu Seoul District Police Agency, Gangnam-gu Office; (b) entered “J” and “K” in the column of resident registration number; (c) forged a written statement under the name of J, a private document concerning rights and duties, for the purpose of exercising his/her signature; and (d) exercised the false written statement to the police officers belonging to the said District, who are aware of the forgery, as if the written statement was duly established.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 297 of the Criminal Act, the choice of punishment for the crime, Article 297 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be the sum of the maximum penalty for each of the crimes above, among the crimes of rape;

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