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(영문) 대전지방법원 천안지원 2019.07.03 2019고합10

준강간

Text

A defendant shall be punished by imprisonment for one year.

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 November 18, 2018, the Defendant: (a) 18, 02:00, while under the influence of alcohol, had the victim C (which is between female, family, and the Defendant’s friendship) reported the victim C, and had the victim s/he s/ her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her part

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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;

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 information, and an order to restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 56(1); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities (Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Article 15904, Act No. 15904, Dec. 1, 2018) appears to have an effect to prevent recidivism to a certain extent by taking into account various circumstances, including the Defendant’s age and family environment; the background leading up to the instant crime; the anticipated side effect of disclosure or notice of personal information;

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. The sentencing criteria shall be set.