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수원지방법원 2019.05.02 2019고합138

강간

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

At around 03:00 on September 2, 2018, the Defendant made it difficult to find out the trade name in the Sinsan-si Seoul Special Metropolitan City Development Complex. On September 2, 2018, the Defendant drinking alcohol together with the victim C (V, 35 years old) who was known through B, and drinking the victim on the back seat of the Defendant’s vehicle, thereby making it difficult for the Defendant to gather the victim.

On September 2, 2018, at around 04:00, the Defendant moved to the front of the victim's house located in the G apartment in the Geosung City D, and had the victim locked from the rear seat of the apartment in front of the apartment, and had the victim feel to rape.

Accordingly, while the Defendant was frightening the chest of the victim who was enrolled above the body of the victim, and was frighting the chest by entering the chest, the victim who was broken in the lock was tightly resisted by the body of the defendant, and the victim was unable to be divided into the body of the defendant, and the victim was forced to have sexual intercourse with the victim once after suppressing the resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (the results of requests for appraisal by the State and the competent appraisal, the sequence 8) and the table of requests for appraisal (the table of evidence Nos. 11);

1. Application of the e-mail contents sent and received by the defendant and the victim statutes;

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 extenuating circumstances among the reasons 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 education

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 notify, and Article 49(1) proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse has no record of punishment for a sexual crime before, and thus, it is difficult to readily conclude that the Defendant has a risk of sexual assault or recidivism