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(영문) 수원지방법원 2016.05.10 2016고합73
강간등
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

Criminal facts

The defendant is a private right relationship between the victim C (n, 33 years old) and about 10 months.

1. Around December 5, 2015, the Defendant: (a) found the victim’s home located in Ansan-si, Ma-gu, Ansan-si on the ground that there was two sons by marriage; (b) opened the victim on the floor; (c) opened the victim’s neck on a hand; (d) opened the victim’s body; (d) opened the victim’s neck on hand; (e) cut off the victim’s clothes by hand; and (e) forced the victim’s clothes; and (e) sealed the victim’s resistance by inserting the victim’s shoulder; and (e) inserting the Defendant’s sexual organ into the part of the victim’s sound.

2. The Defendant took photographs of the victim against the victim’s will using the date and time set forth in paragraph 1, and the mobile phone (No. 1) held by the Defendant at a place set forth in paragraph 1.

3. The Defendant detained the victim for about 2 hours and 30 minutes, including the date and time mentioned in paragraph 1, and the place where the victim was saved, frozen, and saved into the toilet, the victim was saved into the toilet, the victim’s head save, the victim’s head save, and the visit was saved out of the house, and the victim was saved before the visit, and the victim was unable to leave the house.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Report on internal investigation by the police (the voluntary appearance of a suspected victim, seizure of a suspected mobile phone, detection of a victim's body photograph, telephone investigation) and police investigation report (the result of a victim's statement or gene appraisal);

1. A gene appraisal report;

1. Application of Acts and subordinate statutes, such as photographs and suspect photographs related to rape, etc.;

1. Relevant Article 297 of the Criminal Act concerning the crime, the choice of punishment, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of using a camera, the choice of imprisonment with prison labor), and Article 276(1) of the Criminal Act (the point of detention, the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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