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(영문) 서울남부지방법원 2014.06.12 2013고합557

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

At around 19:40 on June 27, 2013, the Defendant came to know of “F” located in the Mapo-gu Seoul Ex, Mapo-gu, Seoul, with the introduction of terator, and drinked with the first victim G (22 years of age, in order for the victim to have sexual intercourse with the sone, and around 280:00 on June 28, 2013, the Defendant, as a measure, exempted the victim under the influence of alcohol with I in Mapo-gu, Seoul, from his clothes, was sexual intercourse once with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A report on investigation;

1. A certified copy of hospital treatment records;

1. A request for appraisal, reply and written appraisal;

1. Details of card use;

1. Application of Acts and subordinate statutes on internal investigation reports (attaching data, etc. to victim Kakao Data);

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

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., characteristics of the crime, such as the type, motive, process, result, seriousness of the crime, etc., the degree and expected side effects of the disadvantage of the defendant resulting from the notification order, the effects of the sex crime that can be achieved, and the prevention of the sex crime.