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(영문) 울산지방법원 2016.06.17 2016고합136
강간
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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 first becomes aware of the victim C (the age of 53) of the insurance design due to the insurance coverage for about four months.

On February 4, 2016, the Defendant calls for the victim from Ecom 313 located in Ulsan-gu, Ulsan-gu, Seoul-do on February 4, 2016 to purchase insurance.

“After inducing the victim to the above telecom,” the victim is not in this room for the victim’s own account.

“In the end, the victim’s bucks can be classified into the Defendant’s bridge, and the victim’s bucks can only go back to the moment of “low reading center.”

500,000 won, and “a brush” means a brush.

"," and "low reading centers only return to the end of the year."

A man shall be no longer informed of his power; “Nowhere”

telephoneed

The telephone will only be known.

In other words, the victim was raped by having sexual intercourse once.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a internal investigation report (the attachment of a photograph by cutting off the CCTV and search for witnesses), each investigation report (the attachment of a report on 112 cases, the attachment of a detailed statement of processing a suspect mobile phone, the closure of a photograph of a cell phone call, and attachment of a reply letter of a 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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

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 Exempted from the disclosure order and 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 (the following circumstances recognized in the record, namely, ① the Defendant recognizes and reflects all of the instant crimes; ② the instant crime was not committed against an unspecified number of unspecified persons exempt from the instant crime, and ③ the victim.

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