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(영문) 대구지방법원 안동지원 2018.04.05 2017고합62
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 12, 2017, the Defendant exceeded the clothes of the Victim F (V, 33 years old), who was under the influence of alcohol, and was sexual intercourse once with the Defendant at Eel located in Daegu Suwon-gu D on August 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigative reports (to hear statements from victims);

1. Application of the Acts and subordinate statutes concerning the closure of a G dialogue;

1. Article 299 and Article 297 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against 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 or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the accused has no record of punishment for any sexual crime, protection and observation, lectures to treat sexual assault, and registration of personal information can expect the effect of preventing recidivism to a certain extent;

In light of the Defendant’s age, intelligence, environment, family relations, social ties, disclosure or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the Defendant’s entrance, the preventive effect of sexual assault crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

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Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Type 1 (Special Rape) (Special Sentencing Persons): In the area of mitigation of punishment [the scope of recommendation and recommendation], the area of mitigation of punishment [the scope of recommendation and recommendation], one year and six months to three years; and

3. Sentence;

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