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(영문) 전주지방법원 군산지원 2020.02.06 2019고합173
강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2019, the Defendant got away from the victim B (the name of the Defendant, the age of 20) and from the spring of spring of spring of spring of spring of spring of 2018, and came to contact or meet with the victim even after he she hedgingd with the victim.

At around 03:00 on July 8, 2019, the Defendant: (a) had sexual intercourses with the Defendant and the Defendant under the agreement with the Defendant; (b) refused to “(c)” in his refusal to do so; (c) was placed on the part of the Victim’s hand, placed the Victim’s hand on the part of the bed; (d) carried the Victim’s face on the part of the bed; (d) carried the Victim’s head debt, which the Defendant attempted to flee in the bed from the bed; (d) putting the Victim’s head debt on the bed; and (e) putting the Victim’s neck, put the Victim’s sexual organ into the bed, put the Victim’s sexual organ into the bed; and (e) made rape by inserting the Victim’s sexual organ into the bed.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List Nos. 2), field photographs, gene appraisal records, and recording records;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. A sex crime committed against many and unspecified persons solely on the basis of a judgment that the accused has no record of criminal punishment due to lack of the history of criminal punishment by the accused under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information and an order to restrict employment, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act

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