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(영문) 부산지방법원 2019.09.27 2011고합820
강간
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 28, 201, the Defendant, at around 10:00 on January 28, 201, at the Defendant’s house, the Busan Jin-gu Btel C, the Defendant, drinking alcohol as the preceding day and drinking a victim D (the age of 26) who sleeped sleep at the same place, and sleeped for watching television, and tried to rape the victim.

The Defendant, who was listed on the body of the victim, divided the two arms of the victim and prevented the victim from resisting, and sexual intercourse with the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (specific suspect, specific time for crime);

1. A written appraisal (Evidence 64, 65, 67 pages);

1. The former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10567, Apr. 7, 2011) at the time of the instant crime was applicable to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10567, Apr. 7, 201) did not stipulate only the order to attend a lecture when a suspended sentence is imposed (Article 16(2) of the said Act)

1. Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) applicable to the crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 2 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); the proviso to Article 37(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 41(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11162, Jan. 17, 2012); Article 3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 25(1) of the Addenda to the Act on Welfare of Persons with Disabilities (Amended by Act No. 15452, Dec. 11, 2018>

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