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(영문) 부산지방법원 2020.01.10 2019고합461
준유사강간
Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the family name) are known from high school to high school.

On April 14, 2019, the Defendant, at around 14:00, 14:00, placed the victim’s scambling under the influence of alcohol at the victim’s house located in the scambing C building D in Busan, on his chest, her scambling license and panty with the victim’s knife, and put the victim’s knife into the part of the sound.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s non-performance state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. A report on internal investigation (limited to attachment of E contents and on-site photographs made between the suspect and the victim);

1. The application of Acts and subordinate statutes to investigation reports (with regard to requests for appraisal and replies);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restriction Orders, 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 proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (amended by Act No. 11, Dec. 1, 2018), the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 10 years prior to the crime of this case, it is difficult to readily conclude that the Defendant has the risk of recidivism or recidivism of sexual assault, solely with the execution of punishment against the Defendant, registration of personal information, and taking lectures in the treatment of sexual assault, and the fact that the Defendant’s age, occupation, family environment, and social relationship with the Defendant, and the substance of this case.

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