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(영문) 인천지방법원 2014.02.07 2013고합789
강간등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

After the Defendant got married on January 19, 198 with the victim C (nive, 49 years of age) and on December 10, 2012, the agreement has been married on December 10, 2012, but the Defendant continued to live together with each other due to child problems.

1. Around 17:00 on July 2, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective intimidation, etc.) changed the right of fostering his/her children by taking over an automobile, apartment house, loan, insurance purchased under the condition of hedge, and the right of fostering his/her children. However, as the victim refused it, the Defendant threatened the victim by taking the knife in his/her blue with his/her blue with his/her blue with his/her blue, taking the knife from the kitchen and taking the knife from the kitchen in his/her part.

Accordingly, the defendant threatened the victim with a deadly weapon.

2. The Defendant, around August 31, 2013, discovered the victim’s home located in Nam-gu, Incheon, E-Ba 503, to find out that the victim was living in the inside of the inside and outside of the inside, and demanded to engage in a sexual intercourse, but refused to engage in rape.

The Defendant, after making the victim a sloping up with a sloping hand, flapsed by the victim’s body, and plucked up and plucked, prevented him from leaving the sloping, etc., followed by the victim’s sloping, and slopingly, followed up the victim’s sexual intercourse once by putting the victim’s sexual organ into the sound part of the victim’s body, which is sloping up with the victim’s sloping, and sloping up with the victim’s sloping.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 283 (1) of the Criminal Act, Article 297 of the Criminal Act;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes specified in the heavier punishment for rape);

1. Discretionary mitigation of punishment Article 53 and Article 55(1)3 of the Criminal Act (hereinafter “Discretionary Mitigation”), 1.

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