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(영문) 광주지방법원 2017.01.20 2016고합401

준강간등

Text

A defendant shall be punished by imprisonment for two years.

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 April 6, 2016, at around 23:50, the Defendant, like the victim E (18 taxes), fluencing alcohol as the victim E (18 taxes), fluencing the victim's fluor and panty, exceeded the victim's fluor and met the victim's sexual organ by hand, and inserted the part of the victim's resistance, such as sexual organ or finger, into the victim's resistance, with the correct hand, the Defendant inserted the victim's fluoral part of the victim's resistance, and inserted the victim's fluoral part of the victim's fluoral part into the victim's resistance.

The defendant continued to have taken four copies of the victim's sexual photograph taken by using a mobile phone (No. 3) camera.

Accordingly, the defendant taken the body of the victim who could be able to cause a sense of shame by using the victim's resistance impossible condition, and by using the camera, taken the victim's body against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. On-site photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 297-2 of the Criminal Act (a similar rapes) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime using cameras, etc. and a choice of imprisonment with prison labor);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments for the crimes of similar rape prescribed by the heavier punishment);

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. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the Defendant’s absence of any sexual record, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order, and the preventive effects of sexual crimes subject to registration that may be achieved due to such order.