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(영문) 서울북부지방법원 2017.10.20 2017고합301
강간
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:00 on June 27, 2015, the Defendant, at the house of the Defendant located in Dobong-gu Seoul Metropolitan Government C and 1, would take insurance design victim D (Woo, 42 years old) with an insurance policy.

After one's own house, the one's own victim was tightly pushed off with the one's shoulder, and the other was unable to resist by making the two descendants of the victim the head with his left hand, making it impossible to resist, and raped the victim by having sexual intercourse once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and observation, the Punishment, etc. of Sexual Crimes;

1. In full view of various circumstances, such as the background of the instant crime, Defendant’s age, sex, social ties, criminal records (no history of sexual crimes), the risk of recidivism, the disclosure order and the effect of prevention of interests expected by the disclosure order and the notification order, disadvantages and side effects, etc., there are special circumstances under which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the disclosure order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse; and (c) Article

[Judgment] Grounds for sentencing

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Imprisonment with prison labor for a period of one year and six months from six months to three years (the area to be mitigated, as a victim is not subject to punishment);

3. The defendant is willing to accept insurance to the victim for the crime of this case committed by the sentence of sentence;

After having taken one's own house, the nature of the crime is poor because the victim has been raped.

The victim seems to have caused sexual humiliation due to the crime of this case, and the victim seems to have caused mental shock and uneasiness.

The defendant.

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