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(영문) 서울동부지방법원 2019.07.25 2019고합162
강간
Text

Defendant shall be punished by imprisonment for a term of one year 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 19:00 on September 29, 2018, the defendant, after drinking alcohol with the victim B (the 28 years of age), was placed on the part of the defendant's residence in Gangdong-gu Seoul Metropolitan Government and on September 30, 2018, placed the victim's face on the part of the defendant's breath, she exceeded all the clothes of the victim under the influence of alcohol, and she was placed on the part of the victim's face and head when she was able to have the victim engage in sexual intercourse, and when she was placed on the victim's face when she was placed on the victim's face, she was unable to have the victim take the face of the victim's face and head, and when she was placed on the victim's face, she cannot have the victim take the victim's face immediately after leaving the victim's face."

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (a photograph of the victim's upper part);

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;

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