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(영문) 의정부지방법원고양지원 2020.10.20 2020고합189
준강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant was aware of the victim B (n, 24 years of age) before about 3 to 4 months in the personal data program, while shooting the victim as a hedge model.

On August 27, 2019, at around 03:40 on August 27, 2019, the Defendant taken a photograph of the victim as a model in Gosung-gun C building D, and the victim completed the photograph and had sexual intercourse once with the victim's chest and a part of the victim's chest and a part of the victim's chest in a state of resisting himself/herself to resist when he/she satis and satis in a state of drinking and satisf.

Accordingly, the defendant raped the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Records recorded by the prosecutor's office in relation to B, recording records, summary reading records, and gene appraisal records;

1. The application of the Acts and subordinate statutes governing the occurrence of a crime of quasi-rape, arrest report, internal investigation report (Evidence Nos. 2 and 3), 112 report sheet, investigation report (Evidence No. 19,26, 28, 42, and 61) and the contents of the Kakakao Kakao Stockholm conversation, purchase details receipts, the current status of pentol reservation, the details of the pentol reservation reservation, the CCTV photographs of convenience points, the CCTV-fix photographs of the victim himself/herself, the photograph of the drug he/she takes, the appraised, the photograph of the article of evidence, the photograph taken, the photograph

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 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 (The following consideration shall be repeated in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 information, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) [the defendant has no record of being subject to criminal punishment for sexual assault crimes, imprisonment with labor (adjudication of suspension of execution, registration of personal information, and treatment of sexual assault) against the defendant.

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