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(영문) 대전지방법원 2020.09.18 2020고합189
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 November 10, 2019, at around 00:00, the Defendant got the house of the victim in Gwangju-gu, Seo-gu, Gwangju-gu, with the victim C (a family name, leisure, 22 years old) and the victim's daily living together with his/her daily living together with his/her daily living together with the victim at around 06:00 on the same day.

At around 06:30 on the same day, the Defendant got out of the victim's panty, and put in the victim's panty, which is the victim's panty, with the victim's voice, "ma", and the victim resists the body, she exceeded the victim's panty and panty, and had sexual intercourse once with the victim with the victim's panty.

During that period, the Defendant suspended the victim's sexual intercourse with the victim that he would be female in the toilet, and was able to be lying in the toilet, lying the victim's lying, lying the victim's body on the bend, lying the victim's lying away from the body of the victim, lying the victim's brode, and her brode off the victim's chest, and her sexual intercourse once with the victim.

The Defendant continued to stop sexual intercourse with the victim who had a defect that the victim would turn off in the toilet, left the victim's panty and left the victim's panty, and got off the victim's spanty, left the victim's body and resisting the victim's hand, and sexual intercourse once with the victim.

Accordingly, the Defendant, as seen above, abused the victim and prevented him from resisting, had sexual intercourse with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C (alias) and E;

1. Investigation report (to hear the F phone statement of a witness);

1. 112. List of reported cases;

1. A request for appraisal;

1. A complaint;

1. Application of the Acts and subordinate statutes to send photographs of victims and text messages to the victims;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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