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(영문) 인천지방법원 2018.02.22 2017고합780

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) the president of the drinking house, who frequently frequented, collected sons in D, and reported that the president of the drinking house, sent 1-2-day public notice of 1-day camping to E; and (b) the victim F (n, 20 years of age) participated in the above camping.

On June 25, 2017, at around 07:00, the Defendant reported the victim under influence of alcohol at a small room located within 202 of “H” located in Jung-gu Incheon Metropolitan City G, and continued to put the victim’s chest into the upper part of the damaged person, and inserted the victim’s chest into the damaged person’s chest.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared by the F, each police statement with I, and a statement prepared by I;

1. Each gene appraisal report;

1. Application of Acts and subordinate statutes governing evidence photographs;

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

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended 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. In full view of the Defendant’s age, environment, social ties, the risk of repeating a crime (no such type of crime), profits and preventive effects expected by an order to disclose information, and disadvantages and side effects therefrom, there are special circumstances in which disclosure of the Defendant’s personal information may not be disclosed, taking into account the Defendant’s age, environment, social ties, the risk of recidivism (no such type of crime), and the benefits and preventive effects expected by an order to disclose information, as well as adverse effects, etc.

[Judgment] Grounds for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. The scope of a recommended sentence on the sentencing guidelines [the types of decisions] is not subject to the punishment of Type 1 (General Rape) [the scope of a person subject to special mitigation].