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(영문) 서울중앙지방법원 2017.07.07 2017고합213

준강간

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

On August 30, 2016, at around 05:30 on August 30, 2016, the Defendant: (a) d'E’ that she had drinking alcohol together in the penta-gun of Yannam-gun; (b) d'E’ that she had taken her her pans while drinking together; (c) her her spans; and (d) her her pans, her pans, her pansty, and inserted the Defendant's her pansty into the her pansty part of

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F (tentative name), G, and H;

1. On-site photographs and a list of reported cases;

1. Application of Acts and subordinate statutes to report internal investigation (related to attaching a list of 112 reported cases) and investigation reports (a copy of medical records for victims of sexual assault);

1. Articles 299 and 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 shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 for a sexual crime, the defendant is divided into and against his/her own crime, his/her age, occupation, social ties, etc., and the defendant's personal information registration against the defendant and lectures to treat sexual assault can have an effect to prevent recidivism by taking advantage of the defendant's age, occupation, and social ties;

In full view of the fact that there are special circumstances in which the disclosure of personal information of the defendant should not be disclosed.

If a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration of personal information, the defendant is related to the punishment of sexual crimes.