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(영문) 대구지방법원 2019.03.22 2018고합425

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2017, at around 15:00 on September 15, 2017, the Defendant: (a) heard the horses from around 23 years of age from around 15:0 to around 15, 2017 to around 15:0; and (b) took a dispute with the victim’s female-friendly job offers C (the age of 23) living together; and (c) went off the victim’s counter-consor and panty despite the victim’s refusal to do so; and (d) took off the victim’s pansor and panty while she was frighted from the victim’s body; and (e) took her body against the victim’s anti-consor in a manner that prevents the victim from taking the two sons of the victim’s hand by hand; and (e) took rape once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the written response to a request for appraisal (84 pages of investigation records); and

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

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. 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, notify, and 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; Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); and it is difficult to readily conclude that the Defendant has no record of criminal punishment prior to the instant crime, and thus, there is a

In addition, the disclosure order, notification order, and employment restriction order are disadvantageous and anticipated side effects that the defendant will suffer, and the age, occupation, home environment, social relationship, and the crime of this case.