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(영문) 대전지방법원 홍성지원 2018.10.18 2018고합48
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

A defendant shall be punished by imprisonment for three years.

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

On June 19, 2018, the Defendant called on 22:30 on 19 June 2018 to the Hongsung-gun apartment, A Dong 501, and the victim D (the name, leisure, 52 years old) residing on the lower floor, and called “as a matter of redevelopment.”

"I am the victim's house, and am the victim's house, am the victim's house, and am the victim's house, which is a dangerous object, while making a conversation with the victim, I am the victim's house, and am the victim's house, and am the victim's house, and I am the victim's house, "......"

Death may be caused.

In other words, “a defect in relation to the victim” was threatened by the victim’s resistance, and then the victim was forced to take the victim’s clothes, and raped by the victim’s body. However, the victim did not resist and failed to bring the victim’s resistance.

In this regard, the Defendant carried a dangerous article, and attempted to rape the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the D police;

1. Two existing days (No. 1) on the date of seizure;

1. On-site photographs and criminal tools photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant legal provisions concerning criminal facts, and Articles 15 and 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Article 297 of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 16 (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes;

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

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 for disclosure, notification, and restriction on employment, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant commits the instant crime).

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