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(영문) 서울동부지방법원 2021.01.14 2020고합287
준강간등
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the “C” in Jongno-gu Seoul Metropolitan Government, and the victim D (the victim, the 27-year-old age) is a customer who first visited together with his and her daily behaviors as above, and is not aware of each other.

1. Around 00:40 on April 17, 2020, the Defendant had sexual intercourse with the victim “C”, and the victim’s act of working together with the victim “I wish to go on the house.” The victim was on a taxi in Gwangjin-gu Seoul Special Metropolitan City and went on to the ridge. The victim was willing to have sexual intercourse with the victim under the influence of alcohol, with the victim’s left with only the Defendant and the victim. The victim was able to have sexual intercourse with the lost victim under the influence of alcohol, and the victim was her working again, and she went to the Seoul Jongno-gu Seoul Metropolitan Government Ecomel.

Accordingly, the Defendant kidnapped the victim for the purpose of sexual intercourse.

2. The Defendant, from around 01:40 on April 17, 2020 to around 03:47, 200, she was engaged in the business of, and entered the victim confined in the above “Eel” F’s guest room, exceeded the victim’s clothes, and had sexual intercourse once with the victim.

Accordingly, the Defendant raped the victim by taking advantage of the victim’s mental or physical loss or the impossibility of resisting.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for appraisal of the police statement protocol with D, response to requests for appraisal with the State and response to requests for appraisal;

1. Application of Acts and subordinate statutes to a report on internal investigation (explosive investigation into CCTV images), internal investigation report (the case of checking CCTV images), internal investigation report (the case of search of taxi engineers), investigation report (the case of search of taxi engineers G telephone communications for witnesses), investigation report (the case of moving routes for suspects);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime and Article 288 (1) of the Criminal Act (the point of kidnapping sexual intercourse);

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be limited to the extent that the sum of the long-term punishments of the heavier punishment prescribed for the crime of quasi-rape is added);

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 of the Criminal Act:

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