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(영문) 인천지방법원 2014.10.08 2014고합537
강간
Text

A defendant shall be punished by imprisonment for a term of one year and eight 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

On May 2, 2014, at around 01:00, the Defendant discovered the Victim F (the age of 21) who drinks her kind and alcohol at the drinking house located in Bupyeong-gu Incheon Metropolitan Government D, and suggested her joint seat to drink together with the Defendant’s friendship.

At around 04:30 on the same day, the Defendant was unable to take away the side of the victim who tried to return from a drinking house to a house, and was unable to return home. After taking the victim’s hand to a nearby hotel, the Defendant sought to pay hotel accommodation expenses by taking the victim’s credit card out of the victim’s home, which was cited by the Defendant, but the approval was refused, the Defendant again went back the victim to ED bank without returning the victim’s home.

At around 05:30 on the same day, the Defendant continued to engage in sexual intercourse with the victim by putting the victim in a sofashion, cutting the victim's subordinate to a sofashion, putting the sexual intercourse first, causing the victim refusing to sexual intercourse with his/her hand, resulting in the victim's bodily injury, thereby preventing the victim from leaving the victim in a position.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused falls under a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Information on registration of exemption from disclosure orders and notification orders shall be disclosed.

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