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(영문) 광주지방법원 2015.12.23 2015고합356
준강간
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2015, the Defendant: (a) 23:25 victims I (n, 19 years of age, hereinafter the same shall apply) were in the house, and was born on the vehicle, considered the victim was under the influence of alcohol and went into the Kmotoel in the Southern-guJ, and had sexual intercourse once with the victim, taking advantage of the state of being unable to resist, and taking advantage of the victim’s condition of being under the influence of alcohol.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement prepared by the assistant judicial police officer to make a statement suitable for such statement;

1. Application of video-related Acts and subordinate statutes in line with the aforesaid provisions of the elcs TV (CCTV) video scood;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the grounds that there is no history of punishment for the same crime, and it is difficult to conclude that there is a risk of re-offending

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing guidelines [Determination of types] general criteria for rape (subject to the age of 13 or more). Type 1 (General Rape) (subject to special mitigation] is not subject to punishment (subject to recommendation], and one year and six months to three years (subject to mitigation);

3. The same shall not apply to the case where the defendant, who has rendered a judgment of sentence, has sexual intercourse once with the victim by taking advantage of the alcohol while he/she was born on the part of the victim while he/she would bring the victim into his/her house after having received a meeting with the company fellows, including the victim who is a member of the company;

On the other hand, the defendant is identical.

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