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(영문) 대전지방법원 홍성지원 2018.04.19 2017고합92
강간
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

On August 9, 2017, at around 21:00, the Defendant, while drinking alcohol together with the Victim F (name, n, 33 years of age) who was playing in the pentthy and other friendships, the Defendant, who was her married room, she was her discharged from the victim’s clothes that he/she she she was her in the room, and she was her in the bell. The Defendant, while carrying alcohol together with the victim F (name, n, 33 years of age) who was playing in the pentthy and other friendships, she she was her off the victim’s clothes that he/she she she was her in the bell, and the victim she she was her raped by having the victim by having sexual intercourse once with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Police seizure records;

1. Each investigation report (investigation into crime scene and CCTV investigation);

1. Application of a written opinion, on-site photograph and CCTV image photograph, and the statutes of a response to the request for appraisal;

1. Article 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 an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant has no record of punishment for a sexual crime and thus is at risk of recidivism or recidivism of sexual assault as he/she has no record of punishment for a sexual crime;

It is difficult to readily conclude.

It can be said that the registration of personal information on the defendant and participation in the treatment of sexual assault can have the effect of preventing recidivism by the defendant.

I seem to appear.

In addition, the defendant's personal information is the defendant's personal information, considering the defendant's age, family environment, social relationship, expected side effects and expected side effects that the defendant and his/her family will suffer, and the prevention effects of sexual crimes that can be achieved thereby.

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