logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.01.23 2014고합758
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a victim C (ma, 37 years of age) and about 2 years of age, and heed around May 2014.

At around 02:40 on October 11, 2014, the Defendant: (a) found in the alcohol house located in Yeonsu-gu Incheon Metropolitan City where the victim works, and made it impossible for the victim to drive the body by putting the body into the bank according to the victim; (b) put the panty into the drinking part; (c) put the panty part under the panty part; (d) put the panty part into the drinking part; and (e) put the panty part into the drinking part; and (e) put the panty part into the drinking part of the victim; and (e) put the victim’s panty part into the drinking part.

Then, while the defendant was trying to prevent the victim from spreading sound after cutting the victim over the floor, the victim continued to resist his/her sexual organ, and the victim did not insert his/her body with his/her body.

Accordingly, the Defendant assaulted the victim to suppress resistance, and raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of E;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Reexamination of favorable circumstances among the reasons for sentencing as follows);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information

An order for disclosure and notification of registered information without issuing an order for disclosure and notification shall be issued.

arrow