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(영문) 대전지방법원 2020.01.16 2019고합360
강간
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal Justice] On May 7, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the Seoul Southern District Court on May 7, 2015, and was sentenced to six months of imprisonment with prison labor on March 31, 2016 at the Suwon District Court Sejong District Court Sejong District Court on April 11, 2016, and the suspended sentence was revoked on July 20, 2016. On July 20, 2016, the period of parole was paroled on September 27, 2017, and on November 21, 2017, the period of parole was expired after being sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Incheon District Court on October 28, 2019, and such judgment became final and conclusive on December 7, 2019.

【Criminal Facts】

On October 25, 2018, the Defendant: (a) 23:00, at the home of the Defendant of Seo-gu Daejeon Seo-gu BBBC, and (b) Dolled the Victim C (Inn, 19 years of age) who opened his/her mouth to be placed on the bed in the bed of the Plaintiff; and (c) prevented the Victim from getting off and getting off his/her clothes with his/her hand; and (d) raped the Victim by having sexual intercourse once.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Report on the occurrence of rape incidents, report on investigation by police (determination of the period of repeated crime of a suspect, request for appearance of a suspect, hearing of a suspect's telephone statement, etc.), records on handling 112 reported cases, records on investigation by the prosecution (verification of the period of repeated crime of a suspect);

1. Previous records of judgment: Criminal history records, investigation reports (verification of the period of repeated crime of a suspect), the status of confinement of each individual, previous dispositions, and the application of Acts and subordinate statutes reporting results;

1. Article 297 of the Criminal Act applicable to the relevant criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act mitigated due to the treatment of concurrent crimes;

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

1. An order to disclose, notify, or restrict employment, a sexual crime;

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