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(영문) 대전지방법원 2017.02.14 2016고합336
유사강간
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

The Defendant, from around 02:15 on June 3, 2016 to around 02:30 on June 3, 2016, she thought that he/she would have a female employee engage in similar rape. From around 02:15 to around 02:30 on June 3, 2016, the Defendant sent her door to the victim E (the age of 34) from the delivery, etc., and puts off his/her clothes in front of the start.

In threatening “I wish to put in the flag of the Republic of Korea”, “I am off, I am off, I am off, I am to am off, I am to f. I am to am off,” and so I am to am off the victim’s side by hand, so I am off the victim’s knife and am off the victim’s knife, I am the victim’s knife by inserting his am in the ben and benife, etc., and the victim “I am ice.”

3. Sheet:

Even though it was refused, the victim's head was forced to be forced twice by two descendants, and the defendant's sexual organ was entered the drafting of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. The police statements made to F and E, and police stenographic records made to E;

1. The attachment of related photographs, and 2 related photographs (the attachment of photographs to a piracy center);

1. Application of the Acts and subordinate statutes to arrest and report cases

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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 or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of being punished for sexual crimes, and the Defendant is anticipated to have the effect of preventing recidivism even with his personal information registration and attending a sexual assault treatment program. Thus, the Defendant’s personal information is disclosed or disclosed.

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