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(영문) 울산지방법원 2020.04.24 2020고합40
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2019, the Defendant, at the Ulsan Jung-gu Bel on 00:20 on Sep. 17, 2019, committed rape with the victim D (here, 24 years of age) who had ties with the victim D (here, 24 years of age).

Since then, the defendant saw the victim's blick, sound, and resistance on the wall "leeped on the wall of the victim," and "Slocked on the wall of the victim," and "Slocked on the part of the victim," putting the victim's head debt, which is to escape after forced the victim's clothes, putting the victim's head debt, which is to escape again on the bed on the bed part of the bed, spits the victim, spits the victim's flacks the victim, is likely to report the victim's flick, was collected on the part of the victim, and the victim's bridge was forced by force so that the victim can not resist the victim, and rape the victim by inserting the victim's sexual organ into the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police statement law to D;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the fact that the defendant has no record of punishment for a sex offense, personal information registration of the defendant against the defendant, and taking courses for sexual assault treatment can be seen to have the effect of preventing recidivism by the defendant, and the age, occupation, family environment, social relationship, the content and background of the instant crime,

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