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(영문) 서울북부지방법원 2019.07.12 2019고합63
강간
Text

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

피고인은 수원시 팔달구 B 소재 ‘C’ 클럽의 디제이로 근무하는 자인바, 2018. 5. 12. 07:10경 피해자 D(가명, 여, 23세)이 위 클럽에 놓고 온 신분증을 돌려주기 위하여 피해자를 만나 해장국을 먹은 후 피해자에게 ‘나는 어차피 금방 나와야 하니 너는 모텔에서 푹 쉬다가 집에 가라’고 말하며 피해자를 같은 구 E건물로 데리고 갔다.

At around 10:00 on May 12, 2018, the Defendant: (a) committed rape with the victim; (b) obstructed the victim by putting the victim’s arms on the part of the victim; and (c) exempted the victim’s clothes by taking her hand on the part of the victim; and (d) obstructed the victim by taking the victim’s head, taking the victim’s head, taking the victim’s vegetable vege with her hand at the seat of the guest room; and (b) obstructed the victim’s vegetable vege with the victim’s clothes, taking the victim’s vegetable vege with her vege with the victim’s hair, taking the vegetable vege with the victim’s clothes, cutting the vege with the victim’s clothes; and (c) raped the victim by having sexual intercourse once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Written request for appraisal and written appraisal of genes;

1. Application of the Acts and subordinate statutes to photograph CCTVs at the location of occurrence of the case;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation, community service order and lecture

1. An order to disclose or notify, or an order to disclose or notify an employment restriction order: Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Sex Offenses of Children and Juveniles shall be exempted: Article 15352 of the Addenda to the Act on the Protection of Sex Offenses of Children and Juveniles, Article 3 of the former Act, the Act on the Protection of Children and Juveniles against Sexual Abuse, and the Act on the Protection of Children and Juveniles against Sexual Abuse;

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