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(영문) 대전지방법원 천안지원 2015.09.02 2015고합129

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 24, 2015, the Defendant had a relationship with the victim D(n, 27 years of age) and had a telephone call with the victim on March 24, 2015, and had a drinking time, and had a drinking at the victim’s home, and had a drinking, such as a balking, with the victim, from the eOO in the Seo-gu EOOOO of the victim’s residence. However, under the influence of alcohol, the Defendant tried to put the victim into a balleg by taking the fals of the victim on a bridge and by inserting the victim’s balking.

Therefore, even though the victim refused to do so, the victim did not knife the victim's knife the victim's knife and knife the victim's knife, the victim's knife the victim's knife and inserted the victim's knife into the victim's port.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written opinion;

1. Application of Acts and subordinate statutes to investigation reports, on-site photographs, investigation reports (Attachment to a reply as a result of the Pool test);

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 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. There is no previous difference between the Defendant and the victim under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempt from the disclosure order and notification order, and Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse. In light of the relationship between the Defendant and the victim, the Defendant does not pose a significant risk of preventing sexual crimes against an unspecified general public. In this case, the Defendant appears to have the effect of preventing recidivism of the Defendant to a certain extent solely based on the registration of personal information and participation in sexual assault treatment