logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.04.28 2016고합874
준유사강간
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

On August 16, 2016, the Defendant attended a "E" employment camp hosted by D Co., Ltd. and performed the tasks by falling under the same Article as the victim H (W, 21 years old, and household name) at the G Griart auditorium located in the Friart Gangwon-si. On the same day, the Defendant was transferred to the Defendant’s accommodation at around 22:00 on the same day, and dices alcohol together with the steering members in the ward.

On August 17, 2016, the Defendant entered a locked with all of the new walls, followed by the victim who was under influence of alcohol in a sofash, and she was fashed to enter the victim's inner part of the victim who was under influence of alcohol in a sofash, put the victim's chest into the victim's inner part of the victim's chest, she was deducted by deducting the victim's finger, she was fashed into the victim's sexual part of the victim, and then she was fashed into the toilet with the victim's fash and fashed to the victim's sexual part of the victim's sexual part of the victim.

Accordingly, the defendant, using the victim's resistance impossible condition, put the victim's fingers into the victim's sexual organ, put the victim's sexual organ into the victim's sexual organ, and similar raped the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H to H;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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 shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing shall be repeatedly considered);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

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, 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, family relationship, criminal record, and the risk of recidivism (no criminal history), the profits and the effect expected by an order to disclose information, and any disadvantage and side effect therefrom.

arrow