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(영문) 서울남부지방법원 2014.04.03 2014고합31

준유사강간

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

On August 21, 2013, at around 02:10, the Defendant committed a similar rape, such as: (a) the victim E (or (or (or (or (b) 24 years of age) boarding the back seat of D-si that he operated in the vicinity of Mapo-gu Seoul, and was under the influence of alcohol by suffering a short string with a short string, and then parked the Defendant’s personal data on the alleyway of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, where the victim was her own, and then parked the Defendant’s negative part of the victim in the state of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of damage to E by the police;

1. Each police statement related to G and H;

1. On-site report (with respect to theCCTV request, CCTV analysis investigation, on-site inspection, investigation of witnesses, receipt of reports on damage, and vehicle number);

1. Investigation report (as to the reversal of a suspect’s statement in respect of the operation of a suspect on the taxi, on the investigation of a taxi, on the investigation of a taxi, on a suspect’s specific suspect, or on the attendance of a suspect, on the video data);

1. Photographs;

1. Embry table;

1. Application of the Acts and subordinate statutes concerning the czechron image;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify information, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that “any special circumstance that may not give notice of personal information shall be deemed to exist” as one of the grounds for exception to

The issue of whether the defendant's age, occupation, risk of recidivism, etc. is the characteristic of the offender, the type, motive, process, result, and the crime.