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(영문) 창원지방법원 진주지원 2018.09.20 2018고합98
유사강간
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant sent and sent contact with the victim C (the 60 years of age), which was known in the course of study of the education course of return to farming and fishing at a university in the South-Namnam-do for about four years, and went through, around April 7, 2018, the Defendant left the last bus of the victim who was living in the field of the Defendant's satch in the South-Namnam Sea-gun around April 7, 2018, she got out of the Defendant's house and forced him to go out on the following day.

On April 8, 2018, at around 03:00, the Defendant drinked with the victim while drinking together with the victim at the defendant's residence located in Namnam-gun, Namnam-gun, around 00, and followed the victim with a view to preventing sexual assault between the victim, and obstructed the victim from going beyond the bed and going against the victim's body by forcibly pushing the victim with a view to obstructing sexual assault between the victim, and then cut off the victim's upper part up to knee and knee by raising the victim's upper part up to kne and knee up to kne, and put the finger and kne in the part of the victim's body.

Accordingly, the Defendant committed similar rape by assaulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Investigation report (to hear statements from a victim by telephone and report);

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (an order to disclose or notify the registered information requires careful attention as it may have a significant impact on the defendant, and the defendant is the defendant.

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