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(영문) 의정부지방법원 2019.02.01 2018고합372
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

At around 22:00 on July 10, 2018, the Defendant, while drinking alcohol with D and E, who was in front of C convenience stores in Dongducheon-si B, was introduced through E to drink F (name, leisure, age 41).

At around 02:30 on July 11, 2018, the Defendant, who was parked in the Hp parking lot located in Dongducheon-si, sent the victim to take care of the victim's house with the driver's vehicle. On July 11, 2018, the Defendant got the victim to the chief of the Ischton vehicle owned by the Defendant who was parked in the Hpton parking lot located in Dongdu-si G.

The defendant met the chest of the victim who was sitting in the driver's seat of the above Bosch Rexton and was sitting in the steering seat of the above fexton, mil the victim behind his chief chairer, milched the victim's body behind him, took the boom of the victim's body, exceeded the victim's brightness and clothes, and embling the victim's sexual organ into the victim's sexual organ, and raped the victim by inserting the victim's sexual organ into the victim's sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to the F;

1. A written statement of the F;

1. Report on the occurrence of crimes (Rape), damaged photographs, CCTV photographs of convenience points, 112-handling records, victim mobile phone text records, investigation reports (case of checking the identity of a suspect), internal photographs of a suspect vehicle, investigation reports (case of checking the identity of a suspect's vehicle), attachment of criminal investigation reports in advance (case of checking the identity of CCTV in a convenience store), CCTV data, investigation reports (field and CCTV confirmation reports), on-site photographs, CCTV data, on-site photographs, CCTV data for crime prevention (Hpp-C) investigation reports (case of checking the identity of a suspect), investigation reports (case of checking the identity of a victim), two copies of CCTV in C convenience points, one copy of CCTV in C convenience points, one copy of CCTV for crime prevention (H) and one copy of CCTV for investigation reports (case of checking the identity of a suspect), one copy of CCTV for investigation reports (case of checking the identity of a suspect), one copy of CCTV for crime prevention, and the application of statutes governing the recording of a report file

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

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. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.

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