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(영문) 춘천지방법원 강릉지원 2017.12.21 2017고합37
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2017, when the defendant living in Gangnam-si C around 09:30 on March 31, 2017, the defendant went back the victim E (the 35 years of age) first from the new wall of the same day, and the victim " soon ginging ginging the gingle and fing the gingle," and the victim under the influence of alcohol, the victim ging ging the gingle on the floor, excluding the defendant's panty and ging gingle, and ging off the body of the victim, and ging the victim into the bed, the victim ging off the bed, excluding the victim's panty and ging, and the victim ging the ging part of the victim, regardless of the victim's body ging the victim's body, and ging the victim's finger, the victim's ging part of the victim's ging part of the part."

Accordingly, the Defendant raped the victim.

Summary of Evidence

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

1. E’s statement in video recording CDs;

1. Application of the Acts and subordinate statutes concerning field photographs and CCTV images to a course;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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 Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (in cases of the accused, the accused has no previous record of sexual assault, and the effect of preventing recidivism by the imposition of an order to attend a course can be a certain extent;

The extent and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention and effects of sexual crimes subject to registration, the protection of victims, etc.

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