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(영문) 광주지방법원 순천지원 2020.05.21 2020고합18
유사강간상해등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Around September 30, 2019, the Defendant and the victim B (one person, two years of age, and twenty-four years of age) had the same university. Around September 30, 2019, the Defendant discovered the victim at C University Festival and suggested the victim to drink together with the Defendant’s wife and drink the victim at the main point in front of C University located in 23:00 on the same day. Around 23:00 on the same day, the Defendant and the victim B (one person, two years of age, and two years of age) had the victim and the victim met the victim and the victim.

1. At around 00:10 on October 1, 2019, the Defendant, while drinking alcohol with the victim, committed an indecent act by force against the victim by talking the victim's chest and panty by leaving the victim's chest and panty in the toilets that occur on the table.

2. On October 1, 2019, the Defendant suffered similar rape by: (a) the victim was forced to drink and re-to enter the FF Park toilet with the view to drinking alcohol at the main points specified in paragraph (1) and to have the victim talk again; and (b) forced the victim’s panty, panty, and spanty, and spans; and (c) forced the victim to go off to the sound part of the victim; and (d) the victim suffered a similar rape by gathering his fingers on the part of the victim’s sound part; and (e) the victim suffered an aesthetic and an open upper part of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A criminal investigation report (the initial investigation of witnesses), a criminal investigation report (CCTV verification), a criminal investigation report (the verification of CCTVs and the attachment of photographs) and a criminal investigation report (the attachment report on the results of DNA appraisal);

1. Copy of a medical certificate, the public notice of the result of appraisal, and the result of appraisal;

1. Application of CCTV photographs, explanations, photographs, and Acts and subordinate statutes;

1. Relevant Articles 298 and 298 of the Criminal Act concerning the crime, the choice of punishment, and Articles 301 and 297-2 of the Criminal Act;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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