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(영문) 부산지방법원 2014.04.04 2013고합963
강간
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on October 17, 2013, the Defendant: (a) 2 studio “D” located in Busan Jung-gu, Busan; (b) 25 years of age and drinking; (c) she laid the Victim E (influence, 25 years of age and drinking; (d) she was forced to put the Victim into a sofash, she was able to resist with her arms; and (e) she was raped by sexual intercourse on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of a written appraisal);

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. Article 62 (1) of the Criminal Act on the suspension of execution (wholly favorable circumstances to be considered in the rear);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing is that it is difficult to see that the defendant's personal information should not be disclosed or notified in full view of the favorable circumstances that the defendant does not have any past record on the grounds for sentencing and the circumstances leading up to the crime of this case, the relationship with the victim, etc., and that it is difficult to see that the defendant is highly likely to recommit a sexual crime in light of the circumstances favorable to the defendant, such as the defendant's absence of past record on the grounds for sentencing, and the circumstances surrounding the crime of this case, the circumstances leading up to the crime of this case, the relation with the victim, etc.

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Determination of the types of recommendations: sex crimes, general standards, and rape (subject to at least 13 years of age) - Special-purposes - mitigated factors: Punishment not to be imposed, general prisons - mitigated factors: The range of serious reflective recommendations: Imprisonment with labor for not less than one year and six months to three years ( mitigated areas);

3.The main reasons for the suspension of execution - The reason for the refusal of punishment - the reason for the refusal of punishment - the person who has no criminal record of the same kind and no criminal record of the suspension of execution.

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