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(영문) 수원지방법원 안산지원 2016.08.12 2016고합77

유사강간

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 7, 2015, the Defendant: (a) around 03:06, at the age club 5 in Sungnam-gu, Sungnam-gu, Sungnam-gu, Daodong-gu, and (b) when the Defendant left a room with the victim E (the 26-year old age), the Defendant called “pon the same case asp,” called “the victim under the influence of alcohol,” and went on the part of the victim who forced him to leave the panty of the other victim who resisted, and she exceeded the panty of the other victim, and she was sexually raped by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (to peruse and extract CCTV images);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Taking into account the following factors: Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosing or notifying information on registration; 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; Article 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse; the Defendant led to the confession of the instant crime and reflects his/her mistake; the Defendant paid and agreed to pay a reasonable amount to the victim; and there is no record of having

In addition to the fact that an order to improve the character and conduct is imposed concurrently, there is a special reason that the personal information of the defendant shall not be disclosed or notified.

Since it is determined, it is not subject to an order to disclose and notify registered information.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be the general criteria for sex crimes (subject to at least 13 years of age) of the rape.