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(영문) 인천지방법원 2019.02.01 2018고합789
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

The defendant is a person who is a partner of the company's club fee of the victim B (n, 26 years of age).

On July 26, 2018, the Defendant got the victim to sit in the drinking place of the victim and the victim's friendship together with his son, and her drinking together with the victim. On July 27, 2018, on the following day, the Defendant got the victim to sit in the house of the victim in Seo-gu Incheon, Incheon.

At around 03:30 on July 27, 2018, the Defendant entered the victim’s house with the victim’s “one water turb,” and entered the victim’s house with the victim’s body. On the other hand, the Defendant stated that the victim was placed on the victim’s body and knife the fingers into the victim’s sexual flag by inserting the fingers into the victim’s sexual flag, making the fingers by turbing the victim’s hand into the victim’s sexual flag, humb, the victim’s “I want to see whether the victim was ma, var, hum, humb, and the victim’s body humb, and expressed his refusal to do so. However, the Defendant did not resist the victim’s body with the victim’s body listed above the victim’s body. Then, the Defendant marbling the victim’s sexual organ into the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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;

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 committed;

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, the possibility of recidivism by the accused under 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, the extent and expected side effects of the accused’s disadvantage due to the accused’s order to disclose or notify, and the prevention and registration of sexual crimes subject to registration which may be achieved

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