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(영문) 인천지방법원 2014.10.08 2014고합369

준강간

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 February 23, 2014, at around 05:00, the Defendant used D hotel 509 in Seo-gu Incheon, Seo-gu, Incheon, for playing together with D hotel 509, E, and from the main place of driving and the main place of the week, and had sexual intercourse with the victim in a state of failing to resist by putting panty over TV on the bed, such as the victim, E, etc., while the Defendant was able to set aside TV on the bed, and was able to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement in the police of E;

1. Application of Acts and subordinate statutes to the investigative report (the results of appraisal by the National Scientific Investigation Institute);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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 consideration shall be made again for the reason of sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused falls under a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

An order for disclosure and notification of information on registration of exemption from disclosure and notification order needs to be careful and prudent in that it may seriously affect the defendant. In this case, it appears that the defendant's mistake is divided and thus the defendant can prevent recidivism of the defendant to a certain extent, and the defendant has no criminal record, and in light of the circumstances leading to the crime of this case, the defendant prevents an unspecified general public from repeating the crime.