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(영문) 의정부지방법원 2016.05.26 2016고합119
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2016, at around 02:10 on March 20, 2016, the Defendant had sexual intercourse with the Defendant’s house located at 506 dong-si C Apartment-si, 506 dong-si 403, and with the Defendant’s home, with the Defendant E (the age 21) of the female-friendly job offering victim E (the age 21), who was locked at a small room under the influence of alcohol, and was able to rape the Defendant’s clothes, exceeded the victim’s clothes, and added his sexual organ to the sound part of the victim, thereby having sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 consideration of favorable circumstances among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons 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. In full view of the Defendant’s age, occupation, family environment, social ties, previous convictions, the risk of recidivism, and other various circumstances, such as the effect of disclosure or notification of this case’s order, disadvantage and side effects, there are special circumstances in which disclosure or notification of the Defendant’s personal information may not be disclosed or notified, in full view of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

In a case where a judgment of conviction becomes final and conclusive on the facts constituting a crime in the judgment on the registration of new information, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, he/she is obligated to submit personal information to the competent agency pursuant to

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment with labor from one year and six months to six months.

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