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(영문) 수원지방법원 안산지원 2020.04.17 2019고합355
유사강간
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2019, the defendant became aware of the victim C (name, b, age 27) through "B", and around August 13, 2019, the defendant introduced the victim as "the Taekwondo player, who was a Taekwondo player," and dices drinking together with the victim's drinking in Ansan-si D around August 23, 2019.

On August 14, 2019, at around 03:00, the Defendant solicited the victim to singing in a singing room, and entered the victim's chest E building in Ansan-si and F2 with the 1st underground floor, and made the victim sing off a sports horse. The Defendant made the victim sing off the victim's shoulder, light, etc., and sing down a bridge while the victim sing off the bridge, the Defendant sing the victim's fingers inside the victim's pandebuck, added the hand into the victim's sound part, added the hand to the victim's pande, added the hand into the victim's chest, and frightd the victim's chest.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs, seized objects photographs, and each gene appraisal report;

1. In the application of Acts and subordinate statutes, a criminal investigation report (including the evidence collection using the Kakakao Stockholm conversation with the victim), a criminal investigation report (including the recording files submitted by the victim), a criminal investigation report (including the recording files submitted by the victim), a criminal investigation report (including the recording files submitted by the victim), a criminal investigation report (including the accompanying suspect’s B propy photographs and the contents of the B dialogue), a criminal investigation report (including the images of the suspect’s interview with the Kakao Kakao Stockholm), a criminal investigation report (including the images of the suspect’s interview with the victim and the G Kakao Stockholm conversation), a criminal investigation report (including the recording files submitted by the victim);

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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. An order to attend a course;

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