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(영문) 대구지방법원 김천지원 2014.01.17 2013고합123

준강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 September 21, 2013, the Defendant, at around 03:30, 2013, committed sexual intercourse with the victim, who was able to resist by drinking her part of the victim’s bar and clothes her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and H;

1. Prosecution reports to the prosecution;

1. A report on actual condition of the police;

1. Application of statutes on site photographs;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] : Sex crimes, general standards, rape (subject to at least 13 years of age) and Type 1 (general rape): There is no aggravated element of punishment: [the scope of recommending punishment] between not less than one year and six months and not more than three years [the scope of general person subject to mitigation] : There is no aggravated element of punishment [the primary reasons for suspension of sentence] [the lack of positive element of punishment: There is no negative element of punishment: there is no positive element of punishment: there is no criminal conviction above the suspended sentence; social relationship; any contingent crime; any crime committed by the defendant for whom suspended sentence has been imposed; and the defendant has committed the crime of this case]