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(영문) 의정부지방법원 2020.12.10 2020고합373
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

The Defendant and the victim B (n, 23 years old) entered the same restaurant with the Abrate D where they came to know at the same restaurant. On March 13, 2020, at around 23:00, the Defendant and the victim drinking alcohol together with drinking alcohol on March 14, 2020, and around 05:00 on March 14, 2020.

At around 11:30 on March 14, 2020, the Defendant exceeded the clothes of the victim who was under influence of alcohol in the above DNA room, and inserted the sexual flag into the sound part of the victim, and raped the victim in a state of failing to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the victim of sexual assault on the police record on the record of statement B, the telegraphics of the CCTV, and the CCTV images

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 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 62 (1) of the Criminal Act on Suspension of Execution;

1. Reasons for sentencing in full view of all the circumstances such as an order to disclose information, an order to notify, and an order to restrict employment on a sexual crime, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (it is difficult to readily conclude that the Defendant has no past record of punishment; the Defendant’s order to attend a school and registration of personal information alone appears to have an effect to prevent recidivism; and other social benefits expected by an order to disclose information, an order to notify, and an order to restrict employment on a sexual crime; and the disadvantage and anticipated side effects of the Defendant following

1. The scope of punishment by law: Imprisonment;

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