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(영문) 대전지방법원 천안지원 2014.10.29 2014고합183

강간

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

At around 02:00 on May 21, 2014, the Defendant: (a) talked with the victim C (one-year-old, second, third, third, third, third, third, third, third, third, third, third, third, third, third, third, third, and third, third, third, third, third, third, third, third, third, third, third, and third, third, third or third, third, third, third, third, third, and third, third, third, third, third, and third, third, third, third, third, and third, third, third, third, third, and third, third, third, and third, third, third, third, and third, third, third, third, and third, third, third, third, third, and third, third, third, third,

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of Acts and subordinate statutes to field photographs and CCTV photographs;

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

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 consideration shall be made again for the reason of sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting the crime stated in the judgment on personal information of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency

In light of the background, details, etc. of the instant crime, exemption from disclosure and notification orders, it is difficult to deem that the Defendant is likely to repeat a crime, or that such disclosure or notification orders are effective in the prevention of sexual crimes and the protection of the victim, and thus, there are special circumstances that may not disclose the Defendant’s personal information. Accordingly, an order to disclose and notify the Defendant’s personal information is exempt.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The sentencing criteria shall be recommended; and