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(영문) 수원지방법원 안산지원 2016.08.12 2016고합167
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 April 1, 2016, the Defendant, at around 22:00 on April 22, 2016, at around 22:00, reported that the victim C (the son, the 22-year old age), a middle school, drinking alcohol, and the victim drinking alcohol, was sexually raped by gathering the victimized person, and the same month.

2. At around 00:13, the victim was born to the vehicle on which the defendant is driving, and the victim was drunk with Eel 602, and the victim was drunk, and the victim was able to resist, and the victim’s sexual organ was inserted into the part of the victim’s sound.

Accordingly, the Defendant raped the victim in a state of imprisonability after being drunk.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to internal investigation reports (including requests for appraisal), internal investigation reports (including photographs to secure and to close ctv images and to attach photographs to them), investigation reports (including documents attached as a result of a request for appraisal);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Taking into account the facts that a criminal defendant led to his/her confession and reflects on his/her offense, and there is no record of punishment, the risk of repeating a sex crime against the criminal defendant, considering Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure of registered information and an order to 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;

In addition to the fact that an order to improve the character and conduct is imposed concurrently, there is a special reason that the personal information of the defendant shall not be disclosed or notified.

Therefore, it is determined.

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