logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2015.02.05 2014고합51
준강간
Text

A defendant shall be punished by imprisonment for not less than two years 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

The Defendant, who was born out of the Victim C (Y, 18 years of age), was the first generation of the victim C, but around 17:40 on January 2, 2014, the Defendant divided the victim into 5-6 illness in the “E” restaurant located in Chungcheongnambuk-gun D, and tried to have sexual intercourse with the victim who lost consciousness by taking advantage of the victim’s mind, and went to the “F” room 308 room in the same sense.

The Defendant, from 00:00 on January 3, 2014 to 01:00, had sexual intercourse with the victim by putting off his clothes from the victim’s sexual organ into the victim’s sexual organ, which had been in a state of failing to resist, taking away from the victim’s room 308 room.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C;

1. Application of the Acts and subordinate statutes to knenee photographs and letters sent by suspects to victims;

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

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

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);

1. Where a conviction becomes final and conclusive on the instant criminal facts subject to the registration of personal information under Article 16(2) main sentence and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 is obligated to submit personal information to the competent authority pursuant to

As to the disclosure order and notification order, the Defendant has no criminal record of a sex crime, and the circumstance shown in the background of the crime of this case or the record alone has a habit of sexual assault crime against the Defendant.

In light of the fact that it is difficult to readily conclude that there is a risk to recommit sexual assault crimes, and other benefits and preventive effects expected by the disclosure order or notification order of this case, and any disadvantages and side effects therefrom, the Defendant shall be the accused.

arrow