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(영문) 의정부지방법원 2018.05.10 2017고합417
강간
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

On June 7, 2017, around 02:30 on June 7, 2017, the Defendant entered the house of the victim E (n, 21 years of age) located in Dong-si, Gyeonggi-do with the victim, and the victim spaws the Defendant to drink alcohol in the ward.

After refusing to recommend the victim, making the victim enter the bed, the victim's cell phone with the victim's cell phone enter the bed, and the victim refused to leave the face, the victim's body is laid down, the victim's body is laid down immediately, the victim's body is sitting down immediately, the victim's bridge is sitting back, the victim's bridge is cut back, and the victim intends to cut off the bridge, the victim's bridge is unable to move up by hand, the defendant's will and panty is off, the victim's panty is off, and the victim's panty is off, and the victim's sexual flag was inserted into the part of the drinking part.

The injured person has " also sticked on the sea," to the accused.

“In the end, the Defendant: (a) discovered the place where the Red Sea was contaminated by the injured party; (b) sought to wear the Red Sea Bame on the front side; and (c) put the victim who returned to the front side of the container on the upper side; and (d) inserted the Defendant’s sexual organ on the upper side; and (b) sexual intercourse by inserting the victim’s the victim’s bridge into the upper side and inserting the victim’s sexual organ on the upper side.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Reports on internal investigation (the gathering of KIKOs from victims and visits to the residence of victims) and photographs at the scene of damage, investigation reports (two times as a result of a request for appraisal) and the application of Acts and subordinate statutes of a gene appraisal report;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 sentence grounds are favorable.

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