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(영문) 인천지방법원 부천지원 2019.05.24 2019고합55
유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

On December 20, 2018, at around 10:00, the Defendant recommended D (the 64 years of age) who was a Chinese victim D (the f4 years of age) who was seated in Bucheon-si B to "the remaining defects of the same coffee" and decided to see a film in neighboring carpets after drinking a coffee.

At around 13:40 on the same day, the Defendant, at 2nd E-fiveth E, 13:40 on the same day, posted the fingers in the victim’s bar, and inserted the fingers into the part of the victim’s drinking room, while viewing the film with the victim, by inserting the fingers and clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Written statements prepared in D;

1. Application of text, content and photograph Acts and subordinate statutes;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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. In light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification 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 Defendant’s age, environment, criminal record, risk of recidivism recognized through the records and pleadings of the instant case, and other benefits and effects expected by the disclosure or notification order of the instant case, and disadvantages and side effects therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information may not be given,

1. Grounds for sentencing under the main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of punishment by law: Imprisonment for one to fifteen years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

A. The scope of the crime of rape (the 13 years of age or older) [the 1] general rape [the mitigated elements of the crime of rape]: the mitigated scope of punishment [the recommended scope and the scope of recommended punishment], one to two years of imprisonment, and adult similar rape.

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