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(영문) 춘천지방법원 원주지원 2017.07.05 2017고합33
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2017, from around 02:48 to 03:18, the Defendant had sexual intercourse by inserting the Defendant’s body and inserting the Defendant’s sexual organ into the Defendant’s sexual organ by inserting it into the Defendant’s sexual organ at the 9th room of the E-gyp site of the operation of D in original city C, together with the Victim F (the name, summer, and 20 years old).

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental and physical loss and non-refluence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to investigation reports;

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 community service order under Article 62-2 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 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 a 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 being punished as a sexual crime, the defendant's social relative relationship is relatively clear, and the defendant's social relation is relatively obvious, and the effect of preventing recidivism can be expected to a certain extent due to the registration of personal information of the defendant and the attending

In addition, when considering the defendant's age, intelligence, family environment, disclosure order, or notification order, the degree and expected side effects of the defendant's disadvantage, the prevention effect of sexual assault crime subject to registration that can be achieved due to such order, the protection effect of the victim, etc., the special circumstances where the defendant's personal information may not be disclosed or notified.

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