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(영문) 의정부지방법원 2016.05.18 2015고합388

준강간

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 July 9, 2015, at the main point of "D" located in Speaker C, around 04:30 on July 9, 2015, the Defendant discovered and discovered the victim E (W, 19 years old) who was seated in front of the main unit for calculation of the week in a state where the body cannot be properly accumulated due to drunk drinking, and then left the Defendant’s house located in 05:30 on the same day, and still went back to the Defendant’s house located in 05:30 on the same day, and had sexual intercourse by taking advantage of the victim’s mental and physical condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. He/she shall make a request for appraisal and reply to H statements;

1. A's residence, victim, or DNA main photograph;

1. Application of the statutes on CCTV photographs and CCTV photographs for crime prevention;

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 for mitigation of amount (which has grounds to consider the commission of a crime)

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds for sentencing shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the fact that the accused has no history of sex offense, and the accused is likely to recommit a sex crime in light of the following circumstances

It is difficult to conclude other benefits and prevention effects expected by an order to disclose or notify the personal information of the accused, and if the personal information of the accused is compared with the disadvantages and side effects of the accused, it shall not be disclosed or notified.