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(영문) 창원지방법원 2021.01.14 2020고합189
강간치상
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the family name, the female, the age of 31) are those who were working in the same department and subordinate staff members.

On January 23, 2020, the Defendant, together with the victim, was in front of the victim's house located in Seongbuk-gu, Changwon-si, Sungwon-si on the same day under the pretext that he will drink with the victim and take the victim's house after drinking the drinking, and then, whether the victim "I have been in front of the house, and I have no way to do so."

"At the end," and entered the victim's home together with the victim.

The Defendant: (a) had a mind to rape the victim within the victim’s house; (b) had the victim prepared for coffee with the victim’s arms laid on his own hand; (c) took the victim’s arms on one hand; (d) took the victim’s body on one hand; (c) took the victim’s body; (d) took the victim’s resistance against the victim; (d) took the victim’s body on one hand; (e) took off the victim’s clothes; (e) took off the victim’s hand; (e) took off the victim’s body; and (e) took the victim’s fingers into the part of the victim’s drinking; and (e) took rape once by inserting his fingers into the part of the victim’s drinking; and (e) took rape with the victim’s sexual organ into the part of the victim’s drinking; and (e) suffered injury, such as the sprinking of the part requiring treatment for

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to B (tentative name);

1. A report on the scene photograph of each gene appraisal report and on the results of field identification;

1. A photograph of the victim's her but the victim's her butt, and a diagnosis report;

1. The 112 reported case processing table and the Kakaoo xefafags;

1. Investigation report (verification of CCTV images at a residence which is the complainant) and application of Acts and subordinate statutes to each investigation report (victim B and telephone contents);

1. Relevant legal provisions and Articles 301 and 297 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55(1)3 of the Criminal Act (amended by Presidential Decree No. 2010, Nov. 1, 2011) of the Act on the Suspension of Execution of Sentence 62(1) of the Criminal Act (amended by Presidential Decree No. 2010, Dec. 1, 201

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. An order to restrict employment;

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