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(영문) 서울동부지방법원 2016.01.14 2015고합288
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 May 31, 2015, the Defendant, at the “D” guest room located in Songpa-gu Seoul, Songpa-gu Seoul around 23:50, had sexual intercourse with the victim E (such as woman, pseudonym, and age 21) who is an employee of the Defendant’s company operated by the Defendant on one occasion by taking advantage of the victim E (the victim E), who is an employee of the Defendant’s company, was in a state of brea

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name);

1. On-site reports (on-site inspections, etc.), telegraphics, CCTV photographs, screen photographs of sales slips, investigation reports (attached photographs to restaurants);

1. A response to each request for appraisal, a report on investigation, and a description of the results of the genetic appraisal;

1. Application of the Acts and subordinate statutes to the seizure protocol and list, and paper photographs;

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. Taking full account of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) 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; (c) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of punishment for a sex crime before committing the instant crime; and (d) the risk of recidivism by taking lectures on the registration of personal information and sexual assault treatment alone appears to have been reduced for considerable amount of recidivism; and (e) other circumstances revealed in the Defendant’s age, occupation, family relationship and social relationship; (d) the content and background of the instant crime; (e) the benefits expected by the Defendant’s disclosure order or notification order;

I think)

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The sentencing criteria shall be set.

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