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(영문) 대구지방법원 2014.07.11 2014고합187

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 March 30, 2014, at around 05:05, the Defendant: (a) knife the son FF (n, 22 years old) of the victim F (n, 22 years old); (b) knife him in the club in Daegu-gu, Daegu-gu; (c) knife the victim’s knife; (d) knife the victim’s knife; (e) knife the victim’s knife; (e) knife the victim’s knife; (e) knife the victim’s knife; and (e) knife

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to the investigation report (Attachment of photographs);

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. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to attend a lecture;

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

2. The scope of recommendations according to the sentencing guidelines [the determination of types of punishment] - General Criteria for sex offenses (the scope of rapes of the age of 13 or more) - the upper limit and the lower limit of the scope of punishment shall be included in one category, and the mitigation of the upper limit and the lower limit of the scope of punishment to 2/3 [Special Sentencing] - The mitigated elements: Non-Mitigation of punishment [the scope of recommendations and the range of recommendations] - year to 1 year [the general person] - year from 2 years [the mitigated elements] - The mitigated elements of punishment : The serious reflect [whether or not the suspension of execution of punishment is] - The main reasons for general reference (the prohibition of punishment): positive (the comparison of the applicable sentences and recommendations) / [the comparison of the applicable sentences and recommendations] 1 year to 2 years;

3. The crime of this case by which the defendant committed a similar rape as indicated in the judgment after the defendant took the victim first from a club to be detained, and the crime of this case was committed in the same manner as indicated in the judgment, and the nature of the crime is not good in light of the circumstances, method, etc. of the crime.