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(영문) 부산지방법원 2019.05.03 2019고합90

준유사강간

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

From June 22, 2018, when the victim B (the family name, the female, the age of 36) was the husband of the victim B, the defendant remains in the family of the victim in C apartment site.

From June 24, 2018 to 02:30 on June 24, 2018 to 03:00, the Defendant entered the victim’s chest into a room by reporting the appearance that the victim was suffering from the fright, and entered the victim’s chest at around three times, aground, her hand over three times, and her hand over with panty, and her hand over the hand.

On the other hand, the Defendant committed similar rape to the victim who was unable to resist due to locking.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of the message legislation

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

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

1. An order to disclose or notify personal information under 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, 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 need to be carefully and carefully imposed on the accused as he/she may have a significant influence on the accused. The accused has no record of criminal punishment. This court’s punishment and punishment seems to have an effect to prevent recidivism only by taking lectures in sexual assault treatment courses, registering personal information, and restrictions on employment against children and juveniles-related institutions, etc.