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(영문) 전주지방법원 군산지원 2013.11.22 2013고합63
강간
Text

A defendant shall be punished by imprisonment for a short term of two years and six months, and a long term of three years.

80 hours against the defendant.

Reasons

Punishment of the crime

On June 15, 2013, the Defendant: (a) around 03:14, around 03:14, 2013, at Djuk points located in Gunsan City C and 3, the victims E (here 24 years old) of the Republic of South Africa moved into the entrance entrance of the said establishment to rest in toilets, and led the victims to rape.

The Defendant: (a) spared the body of the victim; (b) towed the body of the victim into the stairs of the fourth floor; (c) obstructed the Defendant’s body; and (d) took the Defendant off and resisting the Defendant; (b) she skeed the face of the female on his hand on several occasions; (c) exceeded the victim’s clothes; and (d) inserted the Defendant’s sexual organ into the part of the female, and raped the victim once by inserting the Defendant’s sexual organ into the part of the female.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of the legislation in its opinion;

1. Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. Where a conviction on the criminal facts committed against a defendant as to whether the order to disclose or notify the personal information is issued under Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes under the Act on the Prevention of Sexual Crimes against Children and Juveniles against Sexual Abuse (amended by Act No. 1156, Dec. 18, 2012) becomes final and conclusive, a conviction on the criminal facts committed against the defendant is subject to an order to disclose or notify the personal information pursuant to Articles 47(1) and 49(1) of the Act on the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Articles 49(1) and 50(1) proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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