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(영문) 대전지방법원 2016.03.17 2015고합312
강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On July 21, 2015, the Defendant reported the victim E (n.e., 19 years of age) who passed through the DNA telecom in the Seo-gu, Seo-gu, Seoul on July 21, 2015, and “Is the 3-day telephone number, anywhere, inform the Defendant of the three-day telephone number.

"I see the victim's right after approaching the house at present."

"Refusal," such as "the victim's handure is moved to the above telecom underground parking lot, the victim's hand is laid on the ground of the stairs that are up to the first floor from the underground parking lot, the victim is laid down, the victim is laid down, the victim is laid down, the fright and panty is laid down, the victim's hand is laid down, and the victim's body that the defendant is pushed down, "e. e.," and the victim's body that the defendant is pushed down, and the victim who stops at the time carries out the object at the convenience store."

At the same time, the clothes were sleeped, and the body of the victim was able to escape by hand, and the victim was able to escape by hand, "where she is about to flee." In other words, the victim's inner panty and panty, and the victim re-efined and resisted, which led the victim's resistance by tearing the victim's resistance, and then inserted the slish again.

Accordingly, the defendant had sexual intercourse with assault twice and raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. The application of Acts and subordinate statutes to photographs of the body of the victim – photographs of the victim's body, on-site photographs, and photographs of suspect on-site inspection;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children and juveniles.

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