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(영문) 창원지방법원 2020.10.22 2020고합134
유사강간
Text

A defendant shall be punished by imprisonment for two years.

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

The defendant is a person who has been in a relationship with a victim B (a family name, a female, 48 years of age).

On February 20, 2020, the Defendant: (a) tried to arrange internal ties with the victim who was in dialogueed with the victim at Chang-gu, Changwon-si C and Chang-gu, Changwon-si; (b) 19:35 on February 20, 202.

The defendant continued to be able to catch the victim's grandchildren and shoulder, and to prevent the victim from leaving the victim's body.

Therefore, even though the victim was able to see "no" sound, and the defendant was tightly and pantyed, the victim's son and panty was exempted, and the victim attempted to put his sexual flag into his hand and her sexual flag into the victim's sexual flag, but did not become an origin, thereby putting his finger into the victim's sexual flag.

Accordingly, the Defendant committed similar rape.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the police's protocol of statement B (the list of evidence Nos. 18,19) to the police's protocol of statement, each gene appraisal document (the list of evidence No. 18,19), the victim's body photographs, the records of sexual assault victims, the records of medical treatment, the emergency knife list of sexual assault evidence collection, the investigation report (the records of the victim's currency records, etc.), the telephone list photograph, the investigation report (Attachment of the contents of the telephone), the investigation

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and Article 49(1) proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) have no sex offense record.

An order to attend a course and an employment restriction order to the defendant and the registration of personal information shall also be made only.

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