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(영문) 수원지방법원 여주지원 2018.06.21 2017고합109

준강간등

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On September 1, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Franchi, and the judgment became final and conclusive on September 7, 2017.

[2] On April 27, 2017, from around 11:00 to 23:00, the Defendant driven a 50cc occ oba on the front road of Ansan-si, Ansan-si, the upper end of the road of Ansan-si, Ansan-si, the upper end of the road of Ansan-si and the front end of the road of Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each photographic recording (D cafeteria, CCTV outside a D cafeteria, and CCTV);

1. Article 154 of the relevant Act and Articles 154 subparagraph 2 and 43 of the Road Traffic Act concerning the facts constituting a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fines not exceeding 300,000 won;

2. The fact that the sentencing guidelines are not set for the instant crime.

3. Determination of sentence: A fine of 300,000 won is led to the confession and reflect of the instant crime; however, the Defendant again committed the instant crime even though he/she had the record of being punished several times for the same kind of crime. Such circumstances and other conditions of sentencing as indicated in the instant pleadings, including the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, shall be determined in consideration of various sentencing conditions as indicated in the instant pleadings, such as the circumstances after the commission of the crime.

The acquittal portion

1. The summary of this part of the facts charged and the victim F (the age of 20) are as between the Defendant and the victim F (the age of 20) through mutual seal around March 2017 to April 2017.

The Defendant, from around 10:00 on April 27, 2017 to around 10:0, the Defendant drinks alcoholic beverages with the victim and his son at H’s house, middle restaurant, etc., which is the seat of the victim in Ansan-si G, with the victim and his son, and around 16:40 on April 27, 2017, the victim was born to the Defendant’s Mael 312, a member of the Ecomhere-gu Ecom.