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(영문) 부산지방법원 2015.11.27 2015고합594

강간

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

On June 14, 2015, the Defendant: around 13:10, at the house of the victim D (n, 50 years of age) located in Busan Jung-gu C and 201 (n, 50 years of age). Around that time, the Defendant: (a) had access to the victim who had come to know about about the road and had been rejected; (b) had the victim borrowed money that the victim needs to pay the money; (c) requested the victim to present his certificate of personal seal impression, copy, or abstract; and (d) requested the victim to present his personal seal impression, copy, or abstract.

The Defendant forced off the clothes of the victim, frightened the shoulder, lying the body on the floor, prevented him from putting the body down on the floor, frightened, and frightened in advance, and sexual intercourse with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D's prosecutor and police statement;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos. 9, 10, 16)

1. Article 297 of the Criminal Act applicable to the crimes;

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. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Order and Notice Order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (the risk of recidivism is deemed to have been low for a relatively long period of time)]; and (c) profits and effects expected by the disclosure order or notice order of this case from disclosure or notification order of this case; and (d) disadvantages and side effects therefrom, the disclosure and notification of the defendant’s personal information shall be deemed to have been prohibited.”