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(영문) 대전지방법원 2017.09.08 2017고합238
유사강간
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 11, 2017, the Defendant: (a) 23:30 on the second floor of D main points located in Daejeon-gu Daejeon-dong, Daejeon-gu, the Defendant : (b) carried the victim E (at the age of 38, 200) and carried the Victim E (at the age of 38, 200) into the victim’s own seat; (c) put the Victim into the victim’s panty line; and (d) put the finger into the sound part; and (e) put the Victim into the sound part; and (e) put the Victim’s finger into the sound part; and (e) flably, flabed the victim into the sound part, and flabed the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the written request for appraisal;

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

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 stay of execution (The following circumstances considered in favor of 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. 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 punishment for committing a sexual crime, and the Defendant is anticipated to have no record of punishment for committing a sexual crime, and the Defendant’s personal information registration and participation in a sexual assault treatment program are anticipated to have an effect to prevent recidivism. Thus, there are special circumstances in which the Defendant’s personal information may not

I think)

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Criteria for the application of the sentencing criteria [the types] general criteria for sex offenses: The general criteria for the crimes of rape (subject to at least 13 years) described in Category 1 (general rape): The non-conformity of punishment for adult similar rape [the person subject to special sentencing] [the scope of recommendation] mitigated area of punishment [the scope of recommendation] mitigated area of punishment [the scope of punishment] one year or two years.

3. In this case, a decision of sentence shall be deemed to have been sexually raped by the defendant in a crypting manner that the defendant has drinking together with the victim.

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