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(영문) 청주지방법원 제천지원 2015.04.24 2015고합10
성폭력범죄의처벌등에관한특례법위반(특수강간)
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is between the victim C (n, 57 years of age) and the 5-year relationship.

On February 25, 2015, at around 05:00, the Defendant: (a) entered the victim’s house in Docheon-si D with a request from the victim to create a Kim robbbbbing, and (b) entered the victim’s house in Docheon-si D; and (c) Da Da son collected her hand from the victim’s clothes; and (d) collected her chests, etc.

Accordingly, the victim who refused a sex relationship with the defendant due to the closure of the crime committed by the defendant, with the sound that the defendant would not speak against the defendant, the defendant, with the kitchen 21cm, which is a dangerous thing that had been in the kitchen, knife the kitchen 21cm, booms, etc. on the part of the head of the bed, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife and knife knife knife knife knife knife knife.

Accordingly, the defendant raped the victim with dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against victims C;

1. Protocols of seizure, list of seizure, and certificates of renunciation of ownership;

1. Application of Acts and subordinate statutes to field photographs, written consent to collect evidence of victims, medical records for victims of sexual assault, investigation reports, additional evidentiary data (electronic appraisal report);

1. Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act;

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

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

1. Confiscation Article 48(1) of the Criminal Act

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