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(영문) 수원지방법원 성남지원 2015.11.12 2015고합201
강간등
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

The Defendant is a person who operates the “D” singing in Gwangju City, and the victim E (n, 50 years of age) is a person who singing in Gwangju City.

On March 7, 2015, the Defendant: around 05:34, at the instant “D” singing room, she refers to the victim who intends to singing in the house and return home to Korea; she refers to the victim’s singing door; she shall sing the victim’s chest part in the two hands; she shall tightly cut off the victim’s chest part in the two hands; she shall do so three times, and she shall do so. The she may do so without her. The she will do so. she will do so. she goes off the victim’s convenience and pantyty in a single hand; she talked at around 06:30,000,000, after putting the victim’s body into the victim’s body and inserting it into the victim’s body, she shall have the victim’s body and continuously divided the victim’s body into 00,000,000 won after inserting it into the victim’s body after inserting it into the victim’s body.

Accordingly, the Defendant detained the victim from March 7, 2015 to 07:30, while rapeing the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to investigation reports (a summary of visual recording);

1. Article 276 (1) of the Criminal Act and Article 297 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment prescribed for the crime of rape heavier than punishment);

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 consideration shall be made again for the reason of sentencing);

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

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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