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(영문) 서울중앙지방법원 2017.04.14 2016고합1246
강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On June 3, 2016, at around 23:09, the Defendant: (a) went to the main point of “D” of the first floor of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Da Building, and b3:16 on the same day; (b) followed the victim E (the 23 years of age) who b3:26 on the same day after the victim gets out of the main point and gets out of the main place; (c) followed the victim at around 23:31 on the same day; and (d) prevented the victim from resisting the victim, such as taking the victim’s body and taking advantage of the body of the victim, and taking advantage of the body of the victim; and (d) prevented the victim from resisting the victim, she exceeded the victim’s body, and exceeded the victim’s sexual intercourse.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with respect to E;

1. An investigation report (hereinafter referred to as "D's main CCTV video perusal), a criminal investigation report (to peruse CCTV images), a criminal investigation report (to be accompanied by a receipt of a credit card submitted by a suspect), a criminal investigation report (to be accompanied by a State and a request for appraisal and reply);

1. Each response to a request for appraisal;

1. A list of sales slips;

1. The application of the Acts and subordinate statutes to photograph the victim’s face and other images, the 'D’ CCTV images to the victim immediately after the crime is committed, and the Acts and subordinate statutes to cut the CCTV images;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons 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. Where a conviction becomes final and conclusive for the crime of this case in relation to the registration of personal information of this case under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, Article 43 of the same Act.

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