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(영문) 대구지방법원 김천지원 2013.12.20 2013고합117
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

At around 03:00 on July 21, 2013, the Defendant, at the dormitory of the Defendant, 202 at the time of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of 18 (the 18-year old), and other employees and the her members were under the influence of alcohol with the victim who had been under the influence of alcohol by drinking back to the house of the house, and had the her baby walked with the her chest by taking advantage of the victim’s state of her refusal to resist, and had the her chest walked with the her chest,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, and D;

1. Application of Acts and subordinate statutes to written appraisal;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences], the grounds for sentencing under Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences]: Sexual crimes, general standards, rape (subject to the age of 13 or more), Type 1 (special rape): There is no aggravated element of punishment: [the scope of recommended sentences] There is no aggravated element of mitigation of punishment for not less than one year and six months but not more than three years [the scope of general sentencing] [the mitigated element of mitigation of punishment]. There is no positive element of suspended sentence [the main reasons for punishment]: There is no positive element of punishment: There is no positive element of a suspended sentence of punishment (the reason for general writing]: there is no positive cause of imprisonment for not less than one year but more than six years; social relative relation; social relation; contingent crime; and serious reflect [the suspended sentence of this case]

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