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(영문) 서울남부지방법원 2014.07.24 2014고합138
준강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 240 hours.

Reasons

Punishment of the crime

At around 22:00 on October 23, 2013, the Defendant, while drinking G and alcohol, a middle school dong, at the Gangseo-gu Seoul Metropolitan E-gu F drinking House, was in contact with the victim H (V, 22 years old) who was introduced by G from the recent branch.

At around 03:10 on October 24, 2013, the Defendant got together with the victim, G, etc., and G around 03:45 on the same day, at around 03:45 on the same day, the Defendant was able to make the victim under the influence of JMoel 405 located in Gangseo-gu Seoul Metropolitan Government I.

On October 24, 2013, at around 04:42, the Defendant: (a) heard the victim’s speech that he is being married, and received the her key from G to the her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her s

Summary of Evidence

1. Partial statement of the defendant;

1. He's legal statement;

1. Partial legal statement of G;

1. Kakao Stockholm photographs upon closure;

1. Details of domestic approval by each member, and receipts;

1. Application of the Acts and subordinate statutes on investigation reports (G telephone conversations details and suspect A telephone conversations details);

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

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. The main sentence of 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) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify information, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that “any special circumstance that may not give notice of personal information shall be deemed to exist” as one of the grounds for exception to

The question of whether the defendant's age, occupation, risk of recidivism, etc. is the character of the offender, and the crime.

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