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(영문) 대구지방법원 김천지원 2013.12.06 2013고합118
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

On August 11, 2013, the Defendant had a meeting of the victim C (V, 29 years of age), and had the victim house, had the victim house, and had the victim house, had the victim home, and had the victim home, had the victim home, and had the victim home to commit rape.

At around 01:30 on August 11, 2013, the Defendant, while talking at the victim’s house located at the Sinsi-si D Building 203, was raped by having the victim engage in sexual intercourse once, with the following: (a) the victim was found to have been able to enter the victim’s home; (b) the victim was able to be able to be able to ste and panty on the part of the victim; and (c) the victim was able to ste and panty on the part of the victim; and (d) the victim was able to dive

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to police internal investigation reports (Attachment to letters sent by a suspect);

1. Article 297 of the Criminal Act applicable to the crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] : Sex crimes, general standards, rape (subject to the age of 13 or more), Type 1 (special rape): No aggravated element of punishment: (a) no aggravated element of punishment: [the scope of recommending punishment] between not less than one year and six months, and not less than three years [the scope of general person] : No aggravated element of mitigation of punishment [the lack of negative element of punishment] [the lack of positive element of suspended sentence]: There is no positive element of a suspended sentence of punishment [the general reason for writing]: there is no positive element of a suspended sentence of punishment (the reason for a suspended sentence of punishment): there is no positive element of a crime not less than one year and six months; there is no criminal conviction or more than three years of suspended sentence; social relation; and a strong social relation.

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