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(영문) 창원지방법원 2020.08.27 2020고합70
준유사강간
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

From around 03:30 on December 28, 2019 to 04:00, the Defendant: (a) at the five guest rooms in Daegu Northern-gu Bridge; (b) the victim C (the name, the son, the son, and the 22 years old) was under the influence of alcohol and exceeded the panty of the victim; (c) the victim’s chest was frighted by hand; and (d) the son was frighted by inserting the finger into the part of the victim’s drinking.

Accordingly, the defendant has committed similar rapes against the victim in a state of mental disorder or impossibility.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to C (a) the police statement request for an appraisal of the police statement (2020-D-284, evidence list Nos. 7), the inquiry report (in addition to the victim and the suspect Kax messages, etc.), the investigation report (a CCTV image) and the investigation report (suspects specific suspect) to C (a police statement request for an appraisal of the police statement; 2020-D-602);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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 and a notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) are the primary offenders.

It seems to be effective to prevent recidivism to a certain extent only with the issuance of an order to attend a lecture and an employment restriction order and the registration of personal information.

In addition, the personal information of the defendant shall not be disclosed and notified in full view of the side effects and expected side effects of the defendant's suffering, the age, occupation, family environment, social ties, and the motive, means, and results of the crime in this case.

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