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(영문) 광주지방법원 2017.09.27 2017고합263
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

On December 21, 2016, the Defendant, around 00:25, was under the influence of alcohol in the victim E’s residence located in Gwangju Northern-gu, Gwangju, and the victim was under the influence of alcohol, and the victim was in mind of having sexual intercourse with the victim.

The Defendant was intending to take a part in the victim’s body, who was frightened on the floor and frightened by the victim’s body, and frightened by the victim’s face and chest, and frighted by the victim’s hair, and forced frightening the victim’s resistance by putting the victim’s arms into the victim’s face, frightening the victim’s finger into the victim’s face, frightening the grandchildren into the victim’s face, frightening the grandchildren into the victim’s face, and sexual intercourse by inserting the Defendant’s sexual organ into the victim’s sexual organ.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to E;

1. Statement made by the police with regard to F;

1. Complaint;

1. Application of Acts and subordinate statutes to an investigation report, internal investigation report (two copies of the statement of processing of a case reported in 112), internal investigation report (hereinafter referred to as a "crime report"), investigation report (Attachment of a suspect's condition and photograph as at the time of acquisition of a new disease), investigation report (Attachment of a photograph of a suspect A), criminal investigation report (Attachment of a victim's body photograph as at the time of acquisition of a new disease), investigation report (Attachment of a victim's body photograph as at the time of acquisition of a new disease), investigation report (request for comparative appraisal of the victim and witness's telephone details), investigation report (

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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 (Article 62 (1) of the Criminal Act on the following grounds 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 under Order to provide community service and attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders.

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