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(영문) 서울중앙지방법원 2013.11.13 2013고합1018
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 August 21, 2013, at the F G restaurant located in Seocho-gu Seoul Metropolitan Government, the Defendant considered the victim H (n and 26 years of age) and the victim who was divingd under the influence of alcohol by suffering from the short f along with the said F, and used the victim’s desire to resist, and used the victim’s desire to resist, so that the victim was unsatisfyed and walked on his table, and followed the victim by taking advantage of the victim’s resistance impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to H

1. Articles 300 and 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. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. As to the crime of this case, comprehensively taking account of the following circumstances: 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; the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the crime of this case is deemed to have committed the defendant's temporary error in the victim under the influence of alcohol while the defendant completed a meeting with his/her employee and went back to his/her meeting with his/her employee, and took advantage of the aforementioned circumstances: (a) the defendant led to his/her confession and reflect on the crime; (b) the defendant has led to the confession of the crime; (c) the victim's revocation of the complaint with the victim's prior consent with the victim's wife; (d) the defendant was the first offender with no history of criminal punishment; and (e) the profits and effects expected by the disclosure order or notification order of this case; and (e) disadvantages and side effects therefrom].

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