logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.11.04 2016고합324
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 05:20 on March 30, 2016, the Defendant and C (hereinafter “Juvenile Department of the Gwangju Family Court”) had had a view to committing similar rape of the victim under the influence of alcohol while playing a game while drinking alcohol together with the Victim F (F., February 1, 1995, age 21) within 309 in Seo-gu, Seo-gu, Gwangju.

The defendant, under the influence of alcohol, she was frightened by the victim side of the victim who is frighten in the bed, and she was frightened by the victim while she was frightened by the victim's clothes on the part of the victim, and she was frightened by C off the victim's panty, and she was frightened by the victim's her spanty.

After the deduction, the victim was promptly fluent by suffering from the fluor.

The defendant continued to enter the chest of the victim as soon as possible, and to gather the finger on the part of the victim.

During that period, C first went out of the telecom, and the defendant continued to go to the victim, and put his finger into the part of the victim.

On the other hand, the end has repeated.

As a result, the Defendant, together with C, committed similar rape by inserting fingers in the sexual intercourse of the victim who is in a state of impossibility to resist under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Articles 299 and 297-2 of the Criminal Act, Article 30 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. The accused does not have a previous criminal record of a sexual crime under 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, and due to an order of disclosure and notification, including the motive and method of committing the instant crime, character, conduct and environment of the accused, etc.

arrow