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(영문) 대전지방법원 2020.05.28 2019고합343
유사강간상해등
Text

A defendant shall be punished by imprisonment for not less than two years 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

1. At around 11:00 on June 24, 2019, the Defendant suffered from similar rape, the victim C (the 61-year old age), who was in the Seo-gu Daejeon apartment Dong, Seo-gu, Daejeon (the 61-year old age), heard that, while the victim was in a telephone call with a male and mobile phone on his/her name, the male left the victim’s chest, he/she was frightening the victim’s chest, and was able to say that he/she was talking about the victim’s chest, he/she was drinking, she was able to take the victim’s chest down on his/her hand, she was shot at the time of the victim’s finger, let the victim come back with his/her panty, let the victim come back with his/her panty, let the victim come back with his/her panty, let the victim come back with the victim’s chest, and let the victim suffer from rape and rape, etc., and he/she was aware of the number of s and me.

2. On June 24, 2019, at around 11:30 on June 24, 2019, the Defendant destroyed and damaged the said victim’s house cell phone, which was located in the victim’s house, by having a department located on the floor, approximately KRW 300,00 of the market price, which is the victim’s possession, on several occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C;

1. 112reported case handling lists and investigation reports (specific date and time for criminal investigation);

1. Application of Acts and subordinate statutes to damaged articles and photographs of the upper part of the body;

1. Article 301 of the Criminal Act applicable to the crime, Articles 297-2 of the Criminal Act (the point of injury by similar rape, the choice of limited imprisonment), and Article 366 of the Criminal Act (the point of destroying and damaging property and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the extent that the total sum of the long-term punishments of the crimes of causing serious rape and injury as provided for in the heavier penalty);

1. 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;

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

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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