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(영문) 서울중앙지방법원 2018.03.16 2018고합28
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 August 31, 2017, the Defendant: (a) requested the victim's OOO (the age of 29) who was a woman of the nationality of Thailand around September 1, 2017 after visiting and visiting a mobile phone at his office located in Gwanak-gu in Seoul Special Metropolitan City, Seoul and underground 2; and (b) requested the victim's office (the age of 29) who was a woman of the nationality of Thailand around September 1, 2017.

At this place, the defendant has can can be seen in the cooling house of the ward, which is caused by the beer in the beer, with the right of beer, and the victim's knee and knebbbbbbbs in hand, and the victim expressed his intention of refusal by stating "No", but the victim snee and knebbbbs. In this case, the victim humd the victim behind it, exceeded the clothes of the victim by detention on the bed, cut off the victim's bed off on the bed, and prevented the victim from leaving the bed and leaving the bed off on the bed off, and then humd the victim's sexual organ inserted the Defendant's sexual organ into the bed part of the victim's sexual intercourse.

On the other hand, the Defendant continued to move the victim to his own room, placed the victim on the bed, placed the victim on the bed, put the victim on the bed, inserted the Defendant’s sexual organ into the part of the victim’s sexual intercourse, and raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against OO or D;

1. Medical records for victims of sexual assault;

1. E courseizing the contents of E Articles and occupational dialogues;

1. Application of Acts and subordinate statutes to investigation reports (in response to a request for appraisal by the National Institute of Scientific Investigation);

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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