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(영문) 부산지방법원 2014.04.11 2013고합839
준강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 became aware of the Victim C (Y, 20 years of age) and the Internet Game “Aion”.

At around 12:00 on August 2, 2013, the Defendant, in front of the E in Busan Shipping Daegu D, had the victim drinked in or around the alcohol house, led the victim who spawn, spawn into the above inn, and spawned the victim’s arms on the part of the victim, who was unable to resist, and forced the victim’s spawn and panty, into the part of the victim, who was unable to resist with the spawn, and spathn.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (wholly favorable circumstances to be considered in the rear);

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

1. The grounds for sentencing, in full view of the circumstances that are favorable to the grounds for sentencing, such as the absence of records of sex offenses, etc., and the circumstances leading to the instant crime, etc., it is difficult to deem that the Defendant is highly likely to recommit a sexual crime in light of the favorable circumstances deemed to be the grounds for sentencing under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders (i.e., disclosure and notification orders to the Defendant; and (ii) the benefits and effects expected from disclosure and notification orders to the Defendant and adverse effects therefrom; and (iii) the disadvantages and side effects therefrom, etc.

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Determination of the types of recommendations: Sexual crimes, rape crimes (subject to at least 13 years of age), general rapes - mitigated factors: The range of serious reflective recommendations: two years and six months to five years (basic areas).

3. Reasons for general reference as to whether to suspend the execution;

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