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(영문) 인천지방법원 2019.08.30 2019고합353
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a company member, and is a male-child group in the victim B (n't, 21 years of age) and a company member.

On March 9, 2019, the Defendant, at around 05:00 on March 9, 2019, engaged in sexual intercourse with the victim, using the condition of the victim, who had drinking together at the residence of the victim of the Dong-gu Incheon Metropolitan City C building, and his male-child gu, which had been drinking, was exempted from all the victim's divings and inner clothes, and inserted his sexual organ into the part of the victim's sound.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of A and D of the e message contents-fagrative Acts and subordinate statutes to cut off the message;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order; 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 defendant has no record of criminal punishment; the registration of personal information alone appears to have an effect to prevent recidivism by the defendant; the defendant's age, occupation, family, family environment and social relationship; the details, circumstances, and results of the crime in this case; the details of the crime in this case; the results of the crime in this case; the prevention of sexual crimes subject to registration that may be achieved by the disclosure or notification order; the victim protection effect; and the degree of disadvantage and anticipated side effects of the defendant's entry due to disclosure or notification order, it is deemed that there are special circumstances that the disclosure or notification of the

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