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(영문) 대전지방법원 천안지원 2021.01.13 2020고합254
강간등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

The defendant is between the husband of the victim B (n, 28 years old) and the father of the victim B (n, 28 years old), who became aware of the delivery date, together with the victim.

1. From July 2019 to around August 8, 2019, the Defendant, at the Defendant’s house located in the Asan City Building D, Masan-si Building D, had the victim drinked with the victim, had the victim take a drunk floor, had the victim take a panty to rape the victim, had the victim put the panty horse into the part of the victim, had the victim put the panty, put the victim’s panty into the part of the panty, put the victim’s sexual organ into the part of the panty, put the Defendant into the part of the victim’s hand, and resisted the Defendant with his hand, and had the victim do not resist and resist the part of the victim’s hand, and had the victim engage in rape once.

2. On December 2019, the Defendant: (a) she drinking alcohol with the victim and the husband of the victim; (b) her husband entered a drinking room in the first place; (c) she drinking alcohol with the victim; (d) she was under the influence of alcohol; (c) she was able to drink the victim with the victim’s panty; and (d) she was able to rape the victim; and (e) she was off the victim’s panty in a situation where she was under the influence of alcohol and was under the influence of alcohol; and (e) she was sexual intercourse once.

3. On December 19, 2019, the Defendant forced indecent act committed an indecent act by force against the victim, on the part of the victim, after being aware of the victim with the victim at a place where he was placed in an insular massage procedure, and on the part of the victim, the Defendant forced the victim to commit an indecent act by force, such as having the victim’s chest and her knife one time.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. Investigation report (to hear statements from witnesses Eline);

1. Application of the Acts and subordinate statutes governing the disposition of reported cases 112;

1. Relevant legal provisions concerning facts constituting an offense, Articles 299 and 297 of the Criminal Act (the point of quasi-rape) and Article 297 of the Criminal Act (the point of rape) and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (the punishment shall be aggravated for concurrent crimes with the punishment heavier than that prescribed for the crime of rape);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act:

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