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(영문) 수원지방법원 안산지원 2016.11.18 2016고합300
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant, who served in the Silified Corporation, was able to nurture the Philippines and became aware of the victim C (20 years of age) through the Internet hosting site for about two years before the year.

At around 01:30 on July 16, 2016, the Defendant drinkd D Apartment 508 204 Donpo-si, Sinpo-si, D apartment 508 204 Donpo-si, with the victim's residence, and the victim, under the influence of alcohol, put the victim's sexual organ into the defendant's entrance, and then put the victim's sexual organ into the victim's resistance after the victim's entry.

Accordingly, the Defendant committed similar rape against the victim who is in a state of difficulty in drinking.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of the Act on the Legal Statement of Witness C

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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 extenuating circumstances among 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;

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order of registered information, 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 - Defendant cannot be readily concluded that there is a risk of recidivism against a sexual crime by taking account of the fact that there is no past record of punishment in the Republic of Korea, and in addition to the fact that the Defendant concurrently takes measures to improve the character and conduct thereof, it is deemed that there is a special reason that the Defendant’s personal information should not

Reasons for sentencing

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

2. The sentencing criteria shall be set.

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