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(영문) 서울서부지방법원 2014.04.01 2014고합11
강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On January 4, 2014, at around 00:30, the Defendant, within the first floor office of “D Art Research Institute” operated by the Defendant located in Eunpyeong-gu Seoul, Seoul, with the mind of having raped the victim E (the age of 18) who was a person who was a private teaching institute. At the time, the Defendant, together with the Defendant, went to the above office, was “hicked.”

The Defendant, at all times, committed rape with the victim, who was seated in a sofa, kissedly kis, kis on the part of the victim, kis on the part of the victim, kis on the part of the victim, inserted the finger by force on the part of the victim, thereby preventing resistance, such as leakage of the victim’s shoulder, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of statement to E prepared by the police;

1. Investigation report on police preparation;

1. Complaints of E preparation;

1. On-site photographs;

1. Application of Acts and subordinate statutes on medical records for victims of sexual assault to E in preparation of medical doctor F;

1. Article 297 of the Criminal Act applicable to the crimes;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / [the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse] of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant has no record of punishment for the same sexual crime before the instant crime, and the Defendant has no record of criminal punishment, and the instant crime was committed in the same manner under the influence of alcohol.

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