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(영문) 전주지방법원 군산지원 2019.02.14 2018고합135
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

The defendant is between the victim B (n, 25 years of age) and the police officer in the middle of 2017 and the police officer in the middle of 2017.

On September 5, 2018, the Defendant: (a) around 04:18, at the victim’s house located in Yasan City C building, and at the victim’s house located in D, had the victim drinked with the victim, and frightened with the victim’s mind to report rape; and (b) exceeded and panty of the victim, who was locked by her hand, and confirmed that the victim was out of the shoulder or clothes, she resisted with the victim’s back, and she resisted with the victim’s back, she tried to put the victim’s bridge into the victim’s own sexual organ by giving power and inserting it into the victim’s own sexual organ; and (c) again, the victim stated that the Defendant’s chest was “Ie” and the victim “Ieen”, and did not reflect the victim’s finger’s other losses and to prevent the victim’s sexual intercourse into the victim’s one’s own sexual organ.

Accordingly, the defendant raped the victim by assault.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to report on investigation (to listen to statements on telephone conversations of a victim);

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

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 with respect to a crime subject to the registration of personal information in accordance with 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 in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency

An order of disclosure and notification, and exemption from employment restriction order.

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