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(영문) 서울중앙지방법원 2021.03.25 2020고합1086
유사강간
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was dead before the victim B (n, 25 years old).

피고인은 2020. 2. 13. 00:00 경부터 같은 날 00:30 경까지 사이에 서울 동작구 C 건물, D 호 피고인의 주거지에서, 서로 사귈 당시 피해자가 다른 남자와 잠자리를 했다고

misunderstanding and misunderstanding the victim's head kives by 4 times, and forced the victim's head kives into his/her sexual organ, and forced the victim to enter his/her sexual organ into the damaged person's inner organ as soon as possible, and raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a complaint filed against the first police statement protocol against B;

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

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); [The Defendant has no record of punishment for sexual crimes; imprisonment with labor for the Defendant; imprisonment with labor for the Defendant; registration of personal information; and an order to attend a lecture for treatment of sexual assault, to a certain extent, can prevent recidivism;

In addition, there are other special circumstances in which personal information may not be disclosed or notified in full consideration of the defendant's age, environment, details and circumstances of the crime, the degree of disadvantage and expected side effects of the defendant's entry due to the disclosure or notification order, the prevention of sexual crimes that may be achieved therefrom, and the effect of protecting the victim, etc.

1.

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