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(영문) 광주지방법원 2017.03.17 2017고합19

유사강간

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant shall be the president of the Seo-gu Mababae-Mad" in Seo-gu, Seo-gu.

From around 19:10 on August 30, 2016 to around 20:20, the Defendant repeatedly raped the victim by repeatedly committing an act of putting the Defendant’s fingers into the part of the victim’s sound, and repeatedly cutting the victim’s fingers, by suggesting the victim’s her her her her her her her her her her her her her her her her her her herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst hersts

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes to a response to a request for appraisal (70 pages of investigation records);

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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. A special circumstance in which a defendant may not disclose or notify personal information to the public, if he/she comprehensively takes into account the extent and expected side effects of the defendant's disadvantage due to an order to disclose or notify information, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, the effect of preventing sexual crimes subject to registration, and the effect of protecting the victim from such sexual crime subject to registration, etc., as well as the fact that the defendant has no history of a sexual crime against the defendant;

The reason for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing guidelines / [Determination of Type] General Criteria for Sex Offenses (subject to at least 13 years of age). Type 1 (Special Rape) (Special Sentencing Person): In the area of mitigation of punishment [the scope of recommended punishment], the area of mitigation of punishment, and one year.