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(영문) 서울중앙지방법원 2020.04.17 2020고합20
강간
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

At around 01:30 on May 11, 2019, the Defendant: (a) 409 of the entertainment drinking house “in Gangnam-gu Seoul Metropolitan Government,” where the Defendant was drinking together with the victim C (the name of the victim, the 26-year-old age), and was fluencing the victim’s breast while drinking together with the victim C; (b) was fluoring the victim’s chest and the fluor, left the victim’s chest and the fluor on a sofa; and (c) putting the victim’s fluor in a sofa, brucing the victim’s fluor and fluoring the victim into the victim’s fluor, and continuously inserted the victim’s f

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against C (tentatively named);

1. A gene appraisal report;

1. The application of Acts and subordinate statutes to recording records (No. 11);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, 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 [the fact that there is no criminal history against the defendant, and that the defendant’s imprisonment (the sentence of suspension of execution, registration of personal information, attendance order in the sexual assault treatment course and employment restriction order alone can be seen as having an effect to prevent re-offending, and the defendant’s age, occupation, family relationship, the content and circumstance of the crime in this case, the anticipated side effects of the crime in this case due to the disclosure order, and the prevention of sexual crimes that can be achieved

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