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(영문) 광주지방법원 2018.07.06 2018고합212

강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

The Defendant is the relationship between the victim C (n, 23 years of age) and the Plaintiff and the Plaintiff, from April 2016 to June 2017, and the relationship heed in the school.

On September 29, 2017, there is a talk that the Defendant would have a telephone call to the victim around 12:00 on September 29, 2017

When the injured party arrives in Seo-gu, Seo-gu, Gwangju, the defendant's house, the main office of the injured party, and again the injured party's private interest.

In other words, the victim does not refuse to do so.

In doing so, the above studio had the victim sit on the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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. Article 47(1) and Article 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 (the possibility of recidivism by the Defendant’s sexual crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims from the sexual crime subject to registration, there are special circumstances in which the Defendant may not disclose or notify personal information to the public;

I think)

Reasons for sentencing

1. The scope of punishment by law: Imprisonment; and