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(영문) 수원지방법원 성남지원 2016.12.22 2016고합278

유사강간

Text

A defendant shall be punished by imprisonment for one year.

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 June 1, 2016, at around 23:58, the Defendant 23:58, while drinking alcohol in the “DB” room in Seongbuk-si, Sungnam-si, the Defendant: (a) laid down the victim E (here, 54 years of age) on the side of the victim who entered the room and opened the room, opened the victim’s body, opened the victim’s body, opened the victim’s body, divided the victim into the victim’s body, prevented the Defendant from resisting; (b) exempted the victim’s finger, put the Defendant’s finger in the part of the victim’s body, and raped the Defendant’s finger.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim, F, and G;

1. Investigation report (electronic appraisal report);

1. The application of Donaart 1 studio photographs statutes;

1. Relevant Article 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 (The following consideration shall be made again for the reason of sentencing);

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

1. Reasons for sentencing on the punishment of a sexual crime exempted from disclosure or notification order, Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where special circumstances exist that may not disclose or notify the personal information of the accused are deemed to exist in full view of the accused's age, occupation, risk of recidivism, type and motive of the crime in this case, type of the crime in this case, process, consequence and seriousness of the crime, disclosure or notification order, the degree of disadvantage and anticipated side effects of the accused's injury due to such order, the preventive effect of sexual

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

2. The scope of recommendations according to the sentencing guidelines [the determination of types of offenses] is the scope of recommendations [the scope of recommendations] according to the sentencing guidelines, the general criteria for rape (the subject of at least 13 years of age) (general rape), the area of mitigation of punishment [the scope of recommendations], the area of mitigation of punishment, one year to two years of imprisonment, and adult similar rape.