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(영문) 광주지방법원 2018.04.27 2018고합108
유사강간등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. On August 8, 2017, the Defendant forced indecent act: (a) found the victim D (n, 63 years of age) to the “F” located in the Dong-gu, Gwangju; (b) laid the victim in the underground room in the Dong-gu, Gwangju; (c) laid the victim in the above underground room; (d) brought the victim into the victim’s own sex by taking the victim’s hand; and (c) laid the victim’s hand in the victim’s inner part, and (d) laid the victim’s chest with the victim’s hand, the Defendant carried the victim’s chest.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. A similar rape: (a) on September 9, 2017, the Defendant repaid the victim’s only loaned money from the “F” located in Gwangju-gu, Gwangju-gu, Gwangju-gu, the Defendant saw the victim as her hand after the defective victim about whom the victim intends to move, saw the victim to sit on the floor and let the victim sit on the floor, and tried to put the victim her part on the floor; (b) brought the victim and her part to her part on the floor by putting the victim’s hand; (c) brought the victim’s shoulder to her part on the part of the victim with his/her hand; (d) putting his/her part on the part of the victim’s leg to her part on the back of the victim’s panty; and (e) putting the victim’s one’s leg into the part of the victim’s finger; and (e) put the victim’s hand into the part of the victim’s hand.

In this respect, the Defendant raped the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 298 of the Criminal Act and Article 297-2 of the Criminal Act (the point of forced indecent conduct and the choice of imprisonment) concerning the facts constituting an offense;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [the aggravated punishment for concurrent crimes, which shall be heavier than the punishment for similar rape, (within the scope of the sum of the long-term punishment for the above two crimes)];

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;

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

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