logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2019.06.18 2019고합73
준유사강간
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 is a victim B (a family name, a female, 21 years of age) and a high school building.

On February 6, 2019, between 06:00 and 07:00, the Defendant, at the house of D, a high school Dong-gu, Yongsan-gu, Sinsan-si, Sinsan-si, and the victim, etc., while drinking alcoholic beverages together with the victim, the Defendant, while drinking alcoholic beverages, the victim, who was under the influence of alcohol, kidddd in the victim's inner clothes, and met the victim's breast part, and added the victim's finger hand to the other hand.

Accordingly, the defendant was raped by taking advantage of the victim's non-performance to resist or the state of mental disorder.

Summary of Evidence

Defendant’s legal statement

B The reasoning of the main text of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 16(1) and Article 47(1) of the Act on Special Cases concerning the Disclosure Orders, Notification Orders and the Punishment, etc. of Sexual Crimes under Article 47(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the proviso of Article 49(1), the proviso of Article 50(1), the proviso of Article 56(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (the instant crime is not against an unspecified victim; the instant crime is not against an unspecified victim; the Defendant does not have the same type of criminal record; it appears that the registration of an order to attend education and personal information alone can prevent recidivism; the social benefits expected by an employment restriction order and the social benefits expected by the order to prevent sexual crimes; the Defendant’s disadvantage resulting therefrom; and all other factors such as adverse effects that may be anticipated).

1. Scope of applicable sentences under law: Two years to thirty years; and

2. Application of the sentencing guidelines [Determination of the type] The general criteria for sex offenses (subject to the age of 13 or more) shall be the case of rape [Class 1] general rape [Special Rape].

arrow