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(영문) 의정부지방법원 2016.09.01 2016고합270
준강간
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) her 2-day triped to C and family meetings, a prior workplace, and her 1-day triped in the same room; and (b) her frightened, her frighter C, a denied victim D (a fright, fright, 27 years old) who was locked in drinking by advertising the same room; and (c) her sexual assault.

Around 00:40 on June 12, 2016, the Defendant: (a) laid off the victim’s lower part of the lower part of the victim, and laid down the victim’s sound part, thereby misunderstanding the victim’s body with her husband’s behavior or bluence; (b) inserted the victim’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

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

1. Where a conviction becomes final and conclusive as to the facts constituting an offense on which personal information is registered, in full view of the Defendant’s age, occupation, family environment, social ties, criminal records, the risk of recidivism, and other various circumstances, such as the benefits and preventive effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects therefrom, etc., it is deemed that there are special circumstances that the disclosure or notification of Defendant’s personal information should not be made.).

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