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(영문) 광주지방법원 2019.05.10 2019고합108
강간등
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 40 hours.

Reasons

Punishment of the crime

In around 2015, the defendant was divorced from the victim B (the family name, the 33 years of age), and the child support for four children who are brought up by the victim is in contact with the victim as a matter of child support.

1. On September 24, 2018, at around 23:00, the Defendant, who visited the Defendant’s residence in Gwangju Mine-gu, Gwangju, to discuss child support issues, she attempted to engage in a sexual intercourse with the victim by drinking off the clothes of the victim. While the victim was pushed down with his/her hand and sprink, he/she sponsed the victim on his/her body by force, and she sprinked the victim on his/her body while putting the victim on the floor, and she sprinked the victim’s chest, she sprinked the victim’s chest and boomed the victim’s chest, and she was raped by inserting his/her sound part while drinking.

2. On December 29, 2018, at around 21:44, the Defendant was contacted with the victim to the effect that the child support was diminished by the victim, and the victim was in his house, and the victim did not want to pay money if he did not want to do so. However, at around 22:00 of the same day, the Defendant tried to commit rape by setting the victim on the floor of the victim’s body, setting the victim’s body on the upper part of the victim’s body, setting up the victim’s body on the upper part of the victim’s body, and trying to fit the chest with the victim’s body. However, the victim was able to report to the police, reporting the victim’s voice, sicking him, and failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. To report an investigation (to hear statements from a victim), and the application of Acts and subordinate statutes to report an investigation (related reporting on the date of rape crimes);

1. Article 297 of the Criminal Act, Articles 300 and 297 of the Criminal Act concerning the facts constituting an offense;

1. The punishment stipulated in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which is heavier than the punishment for rape.

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