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(영문) 서울북부지방법원 2021.01.29 2020고합520
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around September 2020, the Defendant came to know of the victim B (n, 27 years old) through the flock called "flance," and had the victim reside in the Seoul Northern-gu C and the second floor, the Defendant’s house.

On October 25, 2020, the Defendant, at around 19:45 on October 25, 2020, committed sexual intercourse with the victim by having the victim engage in drinking together with the victim while drinking in the Defendant’s house, leading the victim who was sexually in the toilet to the room, leading the victim who was sexually in the toilet to the room, leading the victim into the room, leaving the room, leaving the victim’s kneebbbbbbbbs, and preventing the victim from resisting his arms by hand.

Accordingly, the defendant raped the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to photographs of victims;

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

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. An order of disclosure and notification, exemption from and disclosure of an order of restriction on employment: Exemption from an order of disclosure and notification: Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Sex Offenses (amended by Act No. 17282, May 19, 202). The proviso to Article 56(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, and the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act [the defendant has no record of punishment for a sex offense, a suspended sentence of imprisonment with labor for the defendant, an order of education to treat sexual assault, and the registration of personal information can expect the effect of recidivism even;

In addition, the defendant's age, family environment, social relationship, disclosure and notification order, and employment restriction order, which are shown in the argument of this case.

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