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(영문) 수원지방법원성남지원 2020.10.08 2020고합31

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

The defendant is in a de facto marital relationship with the victim B (n, 51 years of age).

On July 18, 2019, the Defendant: (a) around 21:30 on July 21, 2019, within the residence of the victim in Gyeonggi-si, Gwangju Metropolitan City, listen to the details of the currency made by the victim with other men; (b) he was in the front door of the victim; (c) and the victim, with the front door of the victim's head, she was in the front door of the victim's head; (d) once she was in the front door of the victim's head; and (e) she was in the right door of the victim's head; and (e) she was in the back of the victim's panty and panty; and (e) she was forced to put the victim's hand over on the part of the victim's back.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Application of the Acts and subordinate statutes on the victim's assault against the defendant's witness B's partial statement;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Suspension of Execution;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities against Sexual Abuse; and it is difficult to readily conclude that a defendant has no record of punishment of sexual assault against him/her;

In addition, the defendant's age is the defendant's age to prevent recidivism through the registration of personal information against the defendant and the participation in the sexual assault therapy.