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(영문) 춘천지방법원 강릉지원 2017.03.07 2016고합93
준강간등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

(2) On December 8, 2016, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a special injury in the Gangnam District Court’s Gangnam Branch Branch, and the judgment on December 16, 2016 became final and conclusive.

[Criminal facts] The Defendant is the former husband of the victim C (V, 33 years old).

1. On September 8, 2016, the Defendant: (a) was her panty of another victim, who was her panty of the body of the victim, who was her spanched with his her spanty, and was her spanty of another victim, who was her spanty at around 00:30 on the part of the victim, and was her spanty of the victim, and was her spanty of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-competence condition.

2. On September 8, 2016, the Defendant continued to recover at the seat of the victim in Gangnam-si G building**2, and the victim attempted to commit the crime of the above 1.3, but the victim did not have a house, making the passport and the visa owned by the victim amount to KRW 300,000 won for the tearing of the passport and the visa owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A criminal investigation report (Attachment, such as site photographs);

1. Investigation report (to attach a reply to a request for appraisal);

1. Previous convictions in judgment: Investigation report (former and confirmation), text of judgment, etc., and application of Acts and subordinate statutes making inquiries about criminal history;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 299 and 297 of the Criminal Act concerning the choice of punishment (the point of quasi-rape) and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment);

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes of each judgment and the special injury for which judgment has become final and conclusive);

1. The latter part of Article 39 (1) and Article 55 (1) 3 of the Criminal Act (Equitable to cases where a judgment has become final and conclusive for each crime in the judgment) following the treatment of concurrent crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in the crime of quasi-rape with heavy punishment);

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment

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