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(영문) 대구지방법원 경주지원 2019.02.14 2018고합79

유사강간

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

The defendant is the relationship between the victim B (n, 60 years of age) and the 20 years of age.

On August 2, 2018, at around 05:30 on August 2, 2018, the Defendant opened a gate that was not corrected for the victim's house, and laid down on the part of the victim who was diving, and the victim fright away from the knife, "D where or where the victim wants to go out of the part of the defendant," and the victim forced the victim to enter, forced the victim to go back, and increased the part on the part of the victim's knife, then put the victim's chest into the knife by leaving the knife, making the victim's chest quickly, and putting the victim's chest into the part of the victim's knife by making the victim's knife, and knife the knife.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

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

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 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 have no record of criminal punishment for any sexual crime, and the effect of preventing recidivism may be expected only by means of the registration of personal information, taking courses in treating sexual violence, and restrictions on employment on children and juveniles-related institutions

In addition, the defendant's age, family environment, the background of the crime in this case, and the disclosure and notification order.