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(영문) 인천지방법원 2016.11.04 2016고합492

강간

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

The defendant and the victim C(n, 21 years old) were dead.

Around 09:00 on December 27, 2015, the Defendant: (a) at the victim’s house living room of Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) 501, on the ground that the victim was her hicker; (c) placed the victim’s shoulder and her fingers into a hicker’s hand; (d) placed the victim’s shoulder and her fingers on the floor; and (e) put the victim’s fingers into a hicker’s hand while the victim’s hicker’s hicker’s hicker was the victim’s hicker; and (e) sealed the victim’s fingers; and (e) hicked the victim’s fingers into the part of the victim’s sound, even if the victim refused to do so; and (e) raped the victim by inserting the victim’s fingers into the part of the victim’s sexual organ by inserting the Defendant’s sexual organ into the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a gene appraisal statement;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture or an order to provide community service, the accused falls under a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,

The exemption of the disclosure order and notification order is the primary offender, the crime of this case is not a sexual crime against many unspecified persons, the registration of personal information and participation in the sexual assault treatment lecture alone seems to have considerable effect on preventing recidivism of the defendant, and other various circumstances, such as the defendant's age, family environment, social relationship, etc.