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(영문) 대구지방법원 서부지원 2015.04.02 2015고합23
강간
Text

A defendant shall be punished by imprisonment for two years.

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 February 18, 2015, from around 15:00 to 19:17, the Defendant, at the Defendant’s house located in Daegu Seo-gu Seo-gu, had the victim D (here, 45 years of age) living together with the victim D (here, 45 years of age), and had the victim take care of the victim's head debt, and led the victim's escape out of the play hall, led him/her to the water supply of the victim's head debt, and led him/her to the victim's escape with the following strings, and led him/her to the victim's escape by spreading water into the body of the victim's body, and let the victim move into the house.

The Defendant, by reporting the victim who was panty only in order to put panty clothes into the house and spanty leashing the victim with the panty, spanty tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tight off the victim’s spanty, and then inserted the Defendant’s sexual flag into the part of the victim’s panty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes requesting appraisal of internal investigation reports (Attachment of photographs at the scene of occurrence), investigation reports (report on the victim's statement of his/her deficit status, etc.), and response to requests for appraisal;

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 (hereinafter referred to as “the grounds for discretionary mitigation”);

1. Article 62(1) of the Criminal Act of the Suspension of Execution (hereinafter referred to as “the grounds for the suspension of execution”)

1. Article 62-2 (1) of the Criminal Act for community service and lecture attendance order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify personal information, 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 Defendant led to the instant crime and received a letter from the victim, the Defendant has no record of punishment for the same sexual crime, and the registration of personal information in this case.

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