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(영문) 서울남부지방법원 2015.11.12 2015고합305
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

On June 14, 2015, at around 05:25, the Defendant, along with the Defendant, engaged in similar rape by taking advantage of the victim’s state of inability to resist, such as drinking alcohol into the drinking part of the victim E (V, 18 years of age) in which the Defendant had drinking alcohol with the Defendant, and having her fingerd four times in a state of inability to resist by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of investigation reports (CCTV verification) and CCTV video-related Acts and subordinate statutes;

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 consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. Imprisonment with prison labor for not less than one year but not more than 15 years;

2. Scope of the recommended sentence based on the sentencing guidelines (determination of types of punishment), general standards, crimes of rape (subject to at least 13 years of age), types 1 (special rape), mitigation elements (decision of the recommended area), mitigation element [decision of the recommended area] mitigation area (decision of the recommended area] mitigation area of imprisonment for not less than one year but not more than 2 years (the quasi-Rape of sex shall be included in Type 1, but the upper limit and lower limit of the scope of sentence shall be reduced to 2/3);

3. The crime of this case, which was determined to be sentenced, was committed by the Defendant, with the victim, and the victim was frightened with the victim who frightened and frightened with drinking together, and the victim treated the frighten on the clothes and frightened with similar rape, and the victim seems to have been subjected to considerable sexual humiliation and mental shock due to the instant case, is disadvantageous to the Defendant.

However, all of the crimes of this case are recognized and reflected by the defendant, and the victim does not want punishment against the defendant under the agreement between the defendant and the victim, the defendant has no criminal record, and the defendant assists the victim who boomed by the defendant.

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