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(영문) 대전지방법원 2016.05.19 2016고합84
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

The defendant is a space between victim D(n, 22 years old) and smartphone hosting.

On November 8, 2015, at around 01:30 around 01:0 on the second floor of the Seo-gu Daejeon E building, the Defendant saw sexual impulses with the victim while appearing together with the victim in the DVD room of the second floor of the building in Seo-gu Daejeon, Seo-gu, Daejeon, 2015, kid the victim, put his hand in his clothes, and her chests the victim “I are not yet at this stage.”

“A person who does not refuse to do so”

The defect, the victim's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of damaged places;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 2011)

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the following reasons 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 information, 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 committing a sexual crime, and the Defendant is anticipated to have no record of punishment for committing a sexual crime, and the Defendant’s personal information registration and participation in a sexual assault treatment program are anticipated to have an effect to prevent recidivism. Thus, there are special circumstances in which the Defendant’s personal information may not

I think)

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the general standard for the crime of rape (at least 13 years of age). The mitigation area (at least one year and six months of age) shall be mitigated.

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