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Reasons
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(영문) 전주지방법원 군산지원 2020.05.28 2020고합12
강간
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

Punishment of the crime

On September 29, 2019, around 05:30 on September 29, 2019, the Defendant, as the introduction of the Defendant’s residence, had the victim D (the family name, the 46-year age), who had been aware of his/her family living together with his/her family living together with that of the victim D (the 46-year age) who had been under the influence of alcohol, was able to report the victim who was under the influence of alcohol and engage in rape.

Therefore, even though the victim, who was exempted from the right to be placed on the bed on the bed on the bed on the part of the victim, brought the victim's bed on the bed on the bed on the bed of the defendant, and placed the bed on the bed on the bed on the bed on the bed on the bed on the bed on the bed on the bed on the bed on the bed on the part of the defendant, so that the victim's bed over the bed on the bed on the part of the defendant so that

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Records of seizure and the list of seizure;

1. A detailed statement on handling 112 reported cases;

1. Application of Acts and subordinate statutes (2019-W-6304, 2019-W-7067);

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 extenuating circumstances among the reasons for sentencing);

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosing or notifying information on registration; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

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