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(영문) 서울동부지방법원 2018.07.20 2017고합386
준강간
Text

A defendant shall be punished by imprisonment for two years.

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 June 11, 2017, around 02:40, the Defendant discovered the victim D (one’s name, 35 years of age) who was in a state of defluence by covering excessively exempted water containing the ingredients of the mhm in front of Gangdong-gu Seoul apartment, and used the victim’s physical and mental loss to the Felel in the same Gu E, and had sexual intercourse with the victim by taking advantage of the victim’s mental and physical loss state of the excessive recovery from water under subparagraph 307 of the same Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Each investigation report (the details of telephone conversations with the head of a juvenile related to exemption from hydropathy, and listening to the statement by a psychiatrist and a medical doctor H);

1. A gene appraisal report and a narcotics appraisal report;

1. Application of Acts and subordinate statutes, such as a CCTV course (Evidence No. 3), and CCTV images (Evidence No. 23);

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 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 information, an order to notify, and an order to restrict employment; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of being punished for a sexual crime; the fact that the registration of personal information of the defendant against the defendant and taking lectures for the treatment of sexual assault appears to be able to prevent recidivism; the defendant’s age, occupation, social relative relationship, other characteristics of the crime, such as the type, motive, process, result, and gravity of the crime in this case; social benefits expected by an order to disclose information, and the effect of preventing sexual crimes; and the degree of disadvantage and side effect of the defendant’s injury caused by such order.

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