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(영문) 대구지방법원 김천지원 2013.11.22 2013고합96
유사강간
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 05:00 on June 27, 2013, the Defendant, as an employee of the “DPC room” on the 2nd floor of the previous CPC building in the Gu and America, had the victim E (the female, 22 years of age), the customer, was able to engage in cleaning instead of paying the PC fee, and had the victim take care of her desire, rape, and let the victim keep the said PC equipment in custody, etc., so long as the Defendant forced the victim to put the victim into force, prevented the victim from resisting, and continued to put the knick, cut the chest, sound, cut the knick inside the victim’s clothes, put the victim’s hand into the victim’s knife, put the victim’s head into the victim’s mouth, and fright the Defendant’s sexual organ with the Defendant’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on site photographs;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 62-2 of the Criminal Act, Article 59 of the Protection Officers, etc. of Social Service Orders Act;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] [the decision of a sentence], general standards for sex crimes, rape (subject to at least 13 years of age), Type 1 [no aggravated element]: No aggravated element; [the scope of recommending punishment] shall be [the scope of recommending punishment] between one year and eight years, and not more than three years and four months (the upper limit and lower limit of sentence shall be mitigated to 2/3 because it is a basic area and adult similar rape] [the scope of revised recommendation punishment] between two years and three years (the lower limit of applicable sentences shall be considered].

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