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(영문) 의정부지방법원 2021.02.16 2020고합382
준강간
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

The Defendant became aware of the victim C (n, 22 years of age) through her female job offers B, and her new wall from March 8, 2020 to the next day from March 8, 2020 to the new wall, at the home of the victim located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

around 04:00 on March 9, 2020, the Defendant: (a) entered the victim’s room to sleep, and carried the victim’s chest and boat back to the victim’s hand; (b) went back from the room, and (c) went back to the room, and (d) went back to the room, and (d) inserted the victim’s clothes into the part of the victim’s sound mind.

The defendant continues to keep the victim scam in diving or with the defendant scam and scambling.

“If the victim went to the room,” the victim went to the room, and the victim went to the part of the victim’s sound, put the victim’s fingers into the part of the victim’s sound, and the victim took a knife and divided the Defendant’s shoulder as if in the case of a size, and forced the victim to put his sexual organ into the part of the victim’s sound, but did not go to the effect that it did not go to the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss and the impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of the police statements written by the police in C and B, on-site photographs, and the response statutes requested for appraisal;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 62 (2) and (4) of the Act on the Suspension of Execution;

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, notify, and restrict employment; the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).

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