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(영문) 인천지방법원 부천지원 2017.09.15 2017고합129

강간

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 was living in Korea in Korea with the victim D (n, 18 years of age) who was in Korea.

It is the husband of Don.

On April 8, 2017, at the defendant's house located in Kimpo-si, Kimpo-si, Kimpo-si, 204 on April 15:0, 2017, when the defendant's wife goes to work and comes to a close with the victim, the victim was able to have sexual intercourse with the victim, she was able to drink the victim with her hand, her hand, put her hand into her hand, her hand in her part, put the victim's hand into her part, her hand over the victim's her part, and forced the victim's her part and her panty by force, and prevented the victim from going to her part, and sexual intercourse with the victim once by forceing the victim's resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 fact that the Defendant has no record of criminal punishment before the instant criminal punishment, the fact that the Defendant has no record of being subject to criminal punishment before the instant criminal punishment, the registration of personal information ordered by this court, and taking lectures in treatment of sexual assault may have the effect of preventing the Defendant

In addition, the defendant's age, risk of recidivism, motive, process of crime, seriousness of crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure notification order, and the registration that can be achieved due to such problems.