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(영문) 춘천지방법원 2020.09.25 2020고합63
강간
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 (n, 19 years of age) and a student of an elementary school.

Around 23:00 on August 10, 2019, the Defendant: (a) worn her brogate in the “D” room located on the 2nd floor of Chuncheon City “Cridge”; (b) forced the victim to do so; (c) forced the victim to do so; (d) “Is the brode in one bom; (d) Is the brode in one brog; (e) Is the brog in one brog; and (e) Is the brog in one brog; and (e) Is the victim’s brog in one son even if I expressed his intention of refusal; and (e) I am off the victim’s brogn with the other hand; and (e) forced the victim to put his brogate into the victim’s part by inserting the Defendant’s sexual organ into the victim’s part.

Summary of Evidence

1. Application of Acts and subordinate statutes to the report, processing table of cases 112 to the prosecutor's office's statement B on the defendant's legal statement, each gene appraisal report and investigation report (digital forensic result, etc.);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the fact that there is no history of sex offense against the defendant, the defendant's age, relationship with the victim, profits and preventive effects expected from an order to disclose or notify information, and disadvantages and side effects therefrom, it is deemed that there are special circumstances that the disclosure or notification of the defendant's personal information should

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an employment restriction order;

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