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(영문) 대구지방법원 2015.06.05 2014고합519

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

On July 12, 2014, at around 05:15, the Defendant: (a) reported the victim F. F. (n., 21 years of age) of Mamotoir E in Daegu-gu, Daegu-gu, about 701, who was under the influence of alcohol by enjoying the victim’s sexual intercourse with E with E; (b) took off the victim’s half panty and panty, and her finger into the victim’s sexual intercourse.

Accordingly, the defendant committed an act of containing part of the body in the victim's sexual intercourse by taking advantage of the victim's mental or physical condition of non-fluence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F of each police protocol of statement to the F;

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 ( repeatedly considering the favorable circumstances);

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

1. In full view of the following circumstances: (a) it is difficult to readily conclude that the Defendant is likely to recommit a sex crime; and (b) comprehensively taking account of the social benefits expected by the disclosure order and the notification order, the effectiveness of the prevention of a sexual crime, and the disadvantages and anticipated side effects of the Defendant, etc., where the conviction of the Defendant against the Defendant against the Defendant who has registered personal information becomes final and conclusive, by comprehensively taking account of the following: (a) the disclosure order and the notification order, the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; (b) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) the registration of personal information against the Defendant; and (d) the participation in the course of treating sexual assault.