logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.06.15 2018고합68
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2017, around 07:00, the Defendant exceeded the victim’s breath in the family room of the Gangnam-gu Seoul Metropolitan Government (n, 29 years of age) and had sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police and written statements by prosecution to E;

1. Articles 299 and 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 consideration of favorable circumstances among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered repeated circumstances favorable to the 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 disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the crime of this case alone is likely to cause sexual assault or repeat crimes against the defendant;

It is difficult to see that the Defendant has no record of criminal punishment except that sentenced to a fine of two million won due to a crime of violating the Road Act.

In the future, the recidivism crime of sexual assault by the defendant can be effective to some extent only with the registration of personal information of the defendant and the order to attend the lecture for treatment of sexual assault.

I seem to appear.

If so, there is a special reason that the defendant should not disclose or notify personal information.

Inasmuch as it is determined, the reasons for sentencing are exempted from disclosure and notification order for the defendant

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing guidelines [types] The first type (general rape) of the type (special sentencing person] of the crime of rape (special rape) (special sentencing person] shall not be punished (the scope of recommended punishment). From 6 months to 3 years (the mitigated area) of imprisonment.

arrow