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(영문) 부산지방법원 2015.05.22 2014고합884
강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2014, at around 00:30, the Defendant 20:00 Kakao Kakao Kakao Kao Kao Kao Kao Kao, and Kao 20 years of age and drinking. On the same day, around 07:00, the Defendant Kao Kao Kao Kao Kao was kid with the victim’s room located in Suwon-gu, Busan.

At around 08:00 on the same day, the Defendant, on the same day, was unable to take part in the Defendant’s hand by taking the victim’s hand after taking kis, making the knife the victim’s hand in his knife, putting the knife into the panty of the victim, raising the hand in his knife, and making the victim who was living in knife “a person to knife,” and getting back the knife after taking the hand.

Nevertheless, the Defendant: (a) exceeded the victim’s knife knife the knife that victim’s knife the knife that victim’s knife the knife and knife the body; (b) prevented the victim from leaving the knife by stronging the arms of the victim, and (c) inserted the knife into the part of the victim’s knife that part of the knife that part of the body.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Statement C in the suspect examination protocol of the accused by the prosecution;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The accused under Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on

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