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(영문) 서울남부지방법원 2014.12.04 2014고합435
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 6, 2014, at around 20:30 on August 20, 2014, at the defendant's house located in Guro-gu Seoul Metropolitan Government D apartment 204 dong 1904 dong 204 dong 1904, the defendant opened a door between the victim E (here, 20 years of age) and the victim's clothes, and put the victim's fingers into the wall.

The Defendant continued to hold the victim’s panty of the victim with one hand after having pushed the victim’s her as soon as possible, and left the victim’s panty with another hand, and prevented the victim from leaving the victim’s her knife by double hand, and then, the Defendant took the victim’s knife as “ma. . . . Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. . . .. .. ... ... 10 minutes after the Defendant was

Accordingly, the Defendant assaulted the victim to make it substantially impossible to resist against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Kakao Stockholm messages output;

1. Application of the statutes on dialogue content in the Kakao Stockholm eight months;

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 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse and the main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [Consideration of the fact that the accused has been sentenced to a fine due to a crime of violating the Act on the Protection of Children and Juveniles

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify information, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not give notice of personal information as one of the grounds for exception to an order to notify information.

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