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(영문) 서울중앙지방법원 2015.12.28 2015고합870
강간
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2015, at around 05:20, the Defendant demanded that the victim D (name, n, 21 years of age) walk the horses, and the contact number be informed. On August 20, 2015, the Defendant: (a) led the victim to the right hand hand hand of the victim; (b) led the victim to the inside of the building 50 meters away from the 50 meters away; (c) forced the victim; (d) forced the victim; (d) put the hand into the part of the victim; and (e) took the two arms of the victim that the victim intends to take out by avoiding it, and (e) took the face of the victim’s right hand.

The Defendant, with the stairs of the above building, led the victim to the “CCTV video recording” sign out of the building, sealed the victim from the door of the building, rejected it to the second floor, led the victim’s head debt up to the second floor, cut off the victim’s sexual organ on the part of the victim, added the victim’s sexual organ into the part of the victim, putting the victim’s sexual organ into the part of the victim, putting the victim’s head into the front front and rear side, putting the victim’s head into the victim’s inner organ, putting the victim’s head into the victim’s inner part, putting the victim’s sexual organ into the victim’s inner part, putting the victim’s head into the front and rear side, and putting the victim into the part of the victim’s inner part, inserted the victim’s finger into the victim’s anus.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of the Acts and subordinate statutes on CDs of each photograph, 112 reported (receiving and processing marks), investigation reports (in the beginning of mobilization to the site), CCTV video recording images, etc.;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act; the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure Orders and Notification Orders;

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