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(영문) 대전지방법원 논산지원 2018.04.25 2018고합7
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 December 2, 2017, the Defendant introduced the Victim F (the 18-year-old age), which had been prone to the face in the past, and requested the introduction of the Victim F (the 18-year-old age), and received the introduction of the Victim, and then made contact with the Victim through G, etc.

On January 6, 2018, the Defendant listened to the awareness that the victimized person was frighting to talk with the victimized person for their friendship, and had the victim talked with the victim on the following day: (a) around January 7, 2018, when the victim was frighted from the injured person who was frighting to talk with the mother in the mountain, the Defendant contacted the victimized person with the victim at a time of drinking, and got the victimized person to talk with the mother in the atmosphere.

The Defendant, at around 03:30 on January 7, 2018, 201, she saw that the victim was her part of the beds 604 located in Chungcheongnamnam-si, Chungcheongnamnam-si, and her hand, she was raped by inserting the Defendant’s sexual organ one time in the sexual organ to the effect that the victim was her part of the body, which was her part of the body, was unable to resist by dividing the victim’s body, and that the victim was her part of the body, which was her part of the body, was her part of the body, and the victim was her part of the body, and the victim was her part of the body, which was her part of the body, and the victim was her part of the body,

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statement;

1. Stenographic records;

1. G dialogue-related photographs;

1. Application of Acts and subordinate statutes to each internal investigation report (the No. 1 to 3 of the evidence list), each investigation report (the No. 4,8,12, 15, 18 of the evidence list);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered repeated circumstances favorable to the grounds for sentencing);

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 disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has committed a sexual crime as stated in its reasoning).

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