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(영문) 수원지방법원 안산지원 2014.12.05 2014고합330

준강간

Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 16, 2014, the Defendant, at the office of “D,” located in “D” in “S,” and after drinking alcohol with “D” E and his wife F (the age of 31), followed the Defendant, at the small room within the above office, and the E and the victim were saved from “E” and “E”, and on June 17, 2014, in order to work in the room, “E”, “E” first and “E” enter a small room between Ba and 05:00 and “05:30,” and inserted the victim’s sexual organ into the negative part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes to the police statement concerning F;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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

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

4. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Training;

5. 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 of Registered Information; Article 49(1) proviso of the Act on 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 appears to have committed the instant crime; the victim’s personal information is likely to be known to the surrounding persons if disclosed or notified of the intent of the instant crime; the personal information of the victim is likely to be known if disclosed or notified; the fact that there is no history of criminal punishment for sexual crimes; and other records such as the background of the instant crime; the Defendant’s age, character and conduct, environment, family relationship, etc. are compared with the profits and preventive effects expected by an order to disclose or notify the registered information of the Defendant; and the disadvantages and side effects therefrom, the Defendant’s personal information shall not be disclosed.