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(영문) 수원지방법원 2021.01.28 2020고합740
유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant became aware of the victim B (n, 62 years of age) at a meeting of the victims of fraud, and became aware of the victim’s economic assistance from November 2018, the Defendant was able to live in the house of the victim located in Yeongdeungpo-gu, Suwon-si C apartment D from November 2018.

At around 01:30 on July 29, 2020, the Defendant made the victim under the influence of alcohol at the inside of the above residence, and said, “it is a defect in our sex relationship.” However, the Defendant refused it, and she was able to do so, and she was able to do so to the victim, who was under the influence of influence of alcohol at around 01:30 on July 29, 202, coming to the living room at around 03:18 and was under the influence of the victim at the living room at around 03:18.

“Absinging the victim’s bath, “Absing the victim’s body, she was dead, threatened the victim’s handure, and led the victim to the inside of the victim. However, the victim she was able to take the victim’s handure from the victim’s side to the victim’s side, she was off the victim’s body, she was flading the victim’s sexual organ used on the floor, she was flading the victim’s sexual organ, she was placed in the victim’s sexual organ, and she was raped.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16(2) main sentence of Article 16(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and Article 47(1) and Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202), the proviso to Article 50(1), the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (in light of the age, occupation, etc. of the defendant, personal information and sexual assault against the defendant.

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