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(영문) 청주지방법원 2021.02.17 2020고합212
강간치상
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 is between the victim B (the family name, the female age, the age of 26) and the family from January 2020, and the family from May 4, 2020.

On May 11, 2020, the defendant found the victim's house in around o'clock, and found the victim's house, "Many woman-friendly Gu currently returning to the defendant and the victim came to know about the fact that it was about two times after the victim was hedging."

In order to correct the misunderstanding, it is necessary to face face-to-face face-to-face in a female-friendly Gu and D Park in Jincheon-gun C.

“A false statement to the effect that “The victim moved to D park by getting on the top of the vehicle driven by the victim.”

At around 15:26 of the same day, the Defendant parked a vehicle by the victim at the above D Park parking lot on the same day, and caused the victim to sit on his own driver’s hand, thereby making the victim not resisting against the victim’s hand, and then laid off the stoke of the victim, cut off the stoke of the victim, cut off the stoke of the victim, cut off the victim’s hand with the back seat, cut off the victim with the back seat, and tried to rape the victim, but the victim tried to rape the sto sound the horn of the vehicle, opened a door beyond the driver’s seat, and cut off the s to the outside.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the notification processing of cases to each police statement made to B (tentative name), each photograph of the police statement made to B, and the photograph thereof;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; Article 49 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020).

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