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(영문) 수원지방법원 성남지원 2016.01.28 2015고합266
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

The defendant was a person who is engaged in a temporary contract position in Gwangju-si D Park, and the victim E (at 66 years old) who became aware of while engaging in a public work as a person who is engaged in a public work in Gwangju-si, and made a cleaning request, thereby moving the victim to the office of the defendant.

On June 5, 2015, the Defendant, at around 13:00 of the Defendant’s house located in Gwangju-si, brought the body of the victim into the room by breaking the body of the victim, and forced to leave the victim’s lower panty and panty, and made rape by inserting the Defendant’s sexual organ into the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [no criminal record (no criminal record of a sex offense) of the defendant stated in the records of this case), the process and form of the crime, the registration of personal information, and taking lectures in treatment of sexual assault to a certain extent, are likely to have the effect of preventing recidivism. In addition, in full view of all the circumstances such as the defendant's occupation, family environment, social relationship, expected profits and preventive effects from an order to disclose or notify information, and disadvantages and side effects that the defendant suffers, there are special circumstances that may not disclose or notify

【Recognition】

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for one year;

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