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(영문) 청주지방법원 제천지원 2018.02.08 2017고합51

준강간

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

The defendant is a person who serves as a substitute driver in C, and is a victim D (a person, a woman, 34 years of age) and a worker's compensation relationship.

On August 26, 2017, around 07:40, at the defendant's house located in Chocheon-si, E, 207, and 207, the defendant had a meeting with the defendant et al., and had the victim dumped with the defendant et al., and had the victim dumped to the above house, so that the victim was unable to resist, and was able to rape the victim, and the victim exceeded the victim's panty, etc., and made rape by inserting the victim's sexual organ into the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D (tentative name), F, and G;

1. Application of statutes on medical records for victims of sexual assault;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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 and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that the accused has no criminal history, the fact that the accused has no criminal history, and the fact that he/she is ordered to attend sexual assault treatment lectures, thereby having a considerable effect on the prevention of recidivism;

In full view of the circumstances such as the circumstance leading up to the instant crime, the Defendant’s age, environment, family relationship, disclosure and notification order, the degree and expected side effects of the disadvantage the Defendant entered, the prevention effect of sexual crimes that may be achieved therefrom, and the effect of protecting the victims from sexual crimes, there are special circumstances where the Defendant’s personal information may not be disclosed or notified.

In determining whether a conviction is final and conclusive on the facts constituting a crime in the judgment on the registration of new information, the Defendant is subject to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.