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(영문) 서울동부지방법원 2015.09.07 2015고합82
강간
Text

A defendant shall be punished by imprisonment for not less than two years 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

At around 03:40 on December 27, 2014, the Defendant, at the third floor of the studio building located in Gwangjin-gu Seoul Special Metropolitan City (Seoul), kis against the victim E (the age of 28), who was under the influence of alcohol, after having tin Mannnam at the main point of the preceding night, and talked on the chest, and even though the victim gets sound and resisted, the Defendant forced the victim to put the victim on the floor, forced the victim to be set off on the floor, and prevented the panty, and sexual intercourse once.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the suspect;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to investigation reports and field photographs;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The grounds for sentencing that a defendant's personal information shall not be disclosed or notified in full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order; (b) Articles 49(1) proviso and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) Articles 50(1) proviso of the Act on Special Cases Concerning the Protection, etc. of Children and Juveniles against Sexual Abuse; (d) the defendant's age and occupation; (e) the type and motive of the crime; (e) the process and consequence of the crime; (e) the risk of repeating the crime; (e) the disclosure order and notification order;

1. From six months to fifteen years of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The range of recommendations shall be general criteria for the crime of rape (a person who is not less than thirteen years of age).

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