logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.05.07 2019고합632
유사강간
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

On March 23, 2019, the Defendant, at around 04:00, put the Defendant’s residence in a building of the Defendant, which is located in Ssung City B, under the influence of alcohol, into a panty of the victim C (the age of 27) who sits down in the stairs, and takes the her chest back by taking the victim’s her chest back, thereby gathering the victim’s face into his knife, putting the victim’s face into the victim’s knife, and putting the victim’s sexual organ into the victim’s knife, and refused to put the victim’s sexual organ again into the victim’s knife, and then put the victim’s knife into the victim’s panty knife.

Accordingly, the defendant included the defendant's sexual organ in the mouth of the victim and raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Investigation report (child-gu D and telephone);

1. Application of the Kakao Stockholm Act

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Disclosure Order and Notice Order, the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction Order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Presidential Decree No. 2011, Dec. 11, 2018) are primary offenders, and Article 59-3(1) of the Act on Welfare of Persons with Disabilities appears to have the effect of preventing re-offending by taking lectures on the registration of personal information of the accused and taking lectures on sexual violence treatment, and due to the profits and preventive effects expected

arrow