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(영문) 인천지방법원 부천지원 2018.02.19 2018고합3
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 27, 2017, the Defendant corrected “G” in the Incheon D indictment to D, along with the victim C (n, 58 years of age) who is a branch of around 02:00 on July 27, 2017.

F. F. 202, in Incheon Spoman E, was accommodated in the Republic of Korea.

The Defendant, who was seated on the floor of his seat and was diving, had panty off, and locked at the bed, and had sexual intercourse once with the victim under the influence of alcohol.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-competence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. C Application of the second police statement protocol law to C;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 the defendant has no record of being punished for a sex offense before the instant case, the fact that the defendant has no record of being punished for a sex offense before the instant case, the registration of personal information ordered by this court, and taking lectures in treatment of sexual assault may have the effect of preventing the

In full view of other circumstances such as the defendant's age, risk of repeating a crime, motive for a crime, process of a crime, seriousness of a crime, the degree and expected side effects of the defendant's disadvantage due to an order of disclosure notification, the preventive effect of a sexual crime subject to registration that could be achieved therefrom, and the effect of protecting the victim, where the defendant's personal information is found guilty of the defendant who registered new information.

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