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(영문) 서울서부지방법원 2020.06.11 2020고합58
준유사강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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 November 22, 2019, the Defendant, at the “C” club located in Mapo-gu Seoul Metropolitan Government on November 22, 2019, 23:00, followed the victim D (n, 18 years of age) and drinking of German nationality that was first met in Mapo-gu, Seoul. At around 01:00 of the following day following the date of the withdrawal of the victim, the Defendant left the victim by leaving the entrance of Mapo-gu Seoul Eel, and lost the awareness by drinking, lost the victim’s bridge used in the stairs leading to the entrance of Mapo-gu, Seoul, and laid the victim’s finger.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s state of impossibility to resist, thereby putting the victim’s fingers into the victim’s sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D, F, and G;

1. Quasi-rape;

1. Investigation report (in relation to the wearings, clothes and the upper part of the victim), investigation report (in relation to specific investigations on the site of the case), investigation report (in relation to specific investigations on the site of the case), investigation report

1. Investigative Report (Investigation related toCCTV Images), 56 copies of the receipt of the card sent by the suspect, one copy of the on-site CCTV image photograph, one copy of the card sent by the suspect, a photograph photograph and translation, a criminal investigation report (Attachment of CCTV image submitted by a witness), and 14 copies of a photograph by capturing the CCTV image submitted by a witness;

1. Application of Acts and subordinate statutes to a criminal investigation report, each report on the request for appraisal, each report on the request for appraisal, each gene appraisal report, the legal chemical appraisal report, and the investigation report (the result of the suspect DNA appraisal request);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with

1. Scope of punishment by law: Two to thirty years of imprisonment;

2. The sentencing criteria shall be based on; and

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