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(영문) 수원지방법원 안산지원 2016.06.10 2016고합106
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 January 2016, the Defendant became aware of the Victim D (V) through the “C” of smartphone-sharing c, and became aware of the Victim D (V, 25 years of age) in the middle of 2016, and had no contact with each other.

On February 1, 2016, the Defendant: (a) 1:00, at the “F’s main point of the “F” located in Sanandong-gu E and the third floor of Ansan-gu, Sanyang-si; (b) 23:30 on the same day after drinking the victim with the victim, and (c) she was driving the victim as a parking lot for the I construction site located in G in Ginta-si, Gina-si.

The defendant, while making a conversation with the victim on his job, was under the influence of alcohol, was frightened by the victim's salute and salute by raising the victim's salut to the salute, and salute and clothes.

In this case, the victim "bunk to bun"

The Defendant, while stating that he would be Max, francing the arms, francing the arms, and the Defendant: (a) franced the victim’s knife so that the victim was unable to kn the victim’s knife by knifing the knife, and knife the victim’s knife, and knife by inserting his sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Kakao Stockholm Act to the content of conversation;

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 following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Taking into account the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information; (b) 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; (c) the Defendant led to the confession of and reflect against a crime; and (d) there is no history of punishment.

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