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(영문) 서울남부지방법원 2020.11.13 2020고합431
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

Around 04:00 on May 8, 2020, the Defendant first became aware of the victim B (the age of 22) through a mobile-making app (the name, the name, and the age of 22).

At around 08:20 on the same day, the Defendant: at the guest room of Gangseo-gu Seoul Metropolitan Government Maur Maur D, the chest of the victim who was drinking and divinging alcoholic beverages as his hand; and the victim shouldered in diving or was able to do so. I want to do so.

subsection (d) of this section.

At low time, the victim's shoulder by hand knee and knee is kneeeled on the victim's knee and knee is knee.

The defendant continued to commit rape by reporting the victim's escape toward the wall, preventing the victim from resisting the victim by taking the victim's head debt on his/her hand, and inserting his/her sexual organ into the victim's sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the police record of seizure of the protocol of statement made to B (in its submission), the list of seizure, the list of appraisers, the list of reports on 112 incidents, the voluntary report on criminal conduct, the investigation report (the investigation report by the police officer on the suspect's initial statement and CCTV inspection), the investigation report (related to the results of appraisal), the investigation report (Attachment to the victim 112-report file);

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 consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019) are difficult to readily conclude that the Defendant has a risk of sexual assaulting or re-offending due to the lack of criminal force.

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