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(영문) 인천지방법원 부천지원 2017.10.27 2017고합188
준강간
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

around 11:00 on February 18, 2017, the Defendant was parked in D's main office located in Gangnam-gu Seoul Metropolitan Government C.

E In the low SUV vehicle owned by E, the victim F(22 years old), who was under the influence of alcohol at the top of the inside of the vehicle, was born to rape, and the victim was led to the entrance of the H hotel located in Gangnam-gu Seoul Metropolitan Government G, on board the foregoing vehicle driven by E.

The Defendant, within the guest room of H’s third floor, told the victim “I will not make a proposal.” However, the Defendant, under the influence of alcohol, exceeded the clothes of the victim under the influence of alcohol, and had sexual intercourse once with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Articles 299 and 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (the fact that the Defendant has no record of criminal punishment before the instant criminal punishment, the fact that the Defendant has no record of being subject to criminal punishment before the instant criminal punishment, the registration of personal information ordered by this court, and taking lectures in treatment of sexual assault may have the effect of preventing the Defendant

In full view of other circumstances such as the defendant's age, risk of repeating a crime, motive for a crime, process of a crime, seriousness of a crime, the degree and expected side effects of the defendant's disadvantage due to an order of disclosure notification, the preventive effect of a sexual crime subject to registration that can be achieved therefrom, and the effect of protecting the victim, the personal information of the defendant shall not be disclosed or notified.

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