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(영문) 전주지방법원 군산지원 2014.03.28 2014고합10
강간
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

At around 02:00 on September 3, 2013, the Defendant: (a) reported that the victim E (V, 23 years of age) who drinks alcoholic beverages while drinking alcoholic beverages, was unable to properly hold his body under the influence of alcohol, and was able to rape the victim.

Therefore, the Defendant, who was off the victim’s half-bridges and clothes, laid off the victim on the bed, she was frightened by the victim, and tightly and resisted the Defendant by hand while carrying the victim’s body, and divided the victim’s body into his body, and prevented the victim from leaving the body, and led the victim to sexual intercourse once and rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of F (victim E);

1. Application of the Act and subordinate statutes on the Investigation Report (Investigation Record 97 pages);

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 extenuating circumstances among the reasons for sentencing);

1. Where a guilty verdict is issued as to whether to issue an order to disclose or notify personal information under Articles 16(2) and 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes (the case where a conviction is finalized on the crime of this case, which is a sex offense subject to registration) or an order to disclose or notify the personal information to the accused, under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, an order to disclose or notify the same shall also be issued simultaneously. However, in light of the fact that the accused himself/herself recognizes the crime of this case and that there is no record of punishment for the same crime, it is difficult to readily conclude that the accused is in danger of repeating the crime of this case, and

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