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(영문) 의정부지방법원 고양지원 2017.03.17 2016고합204
강간
Text

A defendant shall be punished by imprisonment for two years.

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

On September 10, 2016, the Defendant: (a) called the victim E (Woo, 52 years of age) who was aware of the Defendant’s house located in the Gu’s office located in the Gu’s city around 17:30 on September 17, 2016; and (b) called “the victim who was found in the Defendant’s house away from ear by house”; and (c) led the victim, who was found in the Defendant’s house, to rape another victim, who was able to report by examining the room in which the Defendant’s house was able to exercise the right of

Accordingly, the defendant, after the victim's back, humping the victim's clothes into the court room, guested the victim's clothes, cut off the panty, put the defendant's fingers into the victim's sexual flag, humbling the victim's fingers, humbling the victim's humf, humbling the victim's humf, and huming the victim's sexual organ into the victim's sexual organ, and humfed the victim's sexual organ.

Since then, the defendant was able to take the arms of the victim who wanted to put his house into the house of the defendant, taken off all the clothes of the victim, laid off the victim's sexual organ as soon as the victim's sexual organ was frighted into the victim's sexual organ, put the defendant's finger into the victim's sexual organ, inserted the victim's finger into the victim's sexual organ, and rape by inserting the victim's sexual organ into the victim's sexual organ into the victim's sexual organ.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. Application of the statutes governing the statement of witness E in the second public trial protocol;

1. Article 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exemption Orders, 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 Defendant committed the instant crime against a large number of unspecified victims, with his/her knowledge to the victim.]

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