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(영문) 대전지방법원 천안지원 2014.04.02 2013고합233

유사강간

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2013, at around 18:00 on August 30, 2013, the Defendant had a sense of view to the victim C (n, 35 years of age) who is an insurance solicitor, provided meals with the victim at a cafeteria near the Seo-gu Seoul Metropolitan Government D, Seo-gu, Incheon Metropolitan City, where his ES5 car is parked at around 00:05 on August 31, 2013, the Defendant was on the parking lot for the F building in the Seo-gu, Seo-gu, Seo-gu, Incheon Metropolitan City, where his ES5 car is parked.

The Defendant breadd the victim under the influence of alcohol, her breast with the victim's chest, and the victim her shouldered, her leged, and her frighted, despite the resistance against the Defendant's sled, the Defendant her fingered with the victim by hand, and her fingered the Defendant's finger into the drinking part of the victim, and her similar rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the preparation of assistant judicial police officer in C;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a damaged photograph and Kakaogle photograph), each photograph (Evidence Nos. 4 and 7), Kakaogle photographic materials, investigation report (victim’s hearing of statements), and investigation report (Preparation of Record);

1. Article 297-2 of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In full view of all the circumstances such as the Defendant’s age, occupation, family environment, social relationship, criminal record, and the risk of recidivism, etc., the Defendant’s benefit and effect expected by the disclosure order or notification order of this case, and the disadvantage and side effect therefrom, as a whole, shall be comprehensively taken into account. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under 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 under the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.