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(영문) 대구지방법원 경주지원 2017.07.14 2017고합25
강간
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 03:40 on January 4, 2017, placed the victim E (the 22 years of age) on a bed, set off the victim E in a bed, and set off the victim E (the 22 years of age) at a bed, and then set off the nive and inner clothes at a bed, and returned to the victim who got out of the bed, she would see the knife on the knife on the knife.

“Absing off the victim’s lower part of the victim,” and the victim was “Mad.” and the Defendant was sealed by hand, the victim’s body divided the victim into two parts, and raped once following the suppression of the victim’s resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports and genetic appraisal reports;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant reflects his own crime, and the crime in this case is not a sexual crime against many unspecified persons, but a sexual crime against the Defendant. There is no criminal record against the Defendant who was punished prior to the crime in this case, the Defendant did not want punishment; the Defendant does not want such punishment; the Defendant’s participation in personal information registration and sexual assault treatment programs alone appears to have reduced the risk of recidivism of the Defendant; the Defendant appears to have committed the crime in this case by contingency; the Defendant’s age, risk of recidivism, motive of recidivism

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