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(영문) 제주지방법원 2018.05.10 2017고합218
준강간
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 00:00 on August 14, 2017 to around 06:00 on the same day, the Defendant: (a) was an employee of the victim F (V) and the victim, who was used in the said lusium under the influence of alcohol, was laid to a room in which the victim was breadly fright; (b) reported that the victim was bread, and bread, bread, and inserted the Defendant’s sexual organ into the part of the victim, thereby having sexual intercourse with the victim by using the victim’s resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Records of statements made by victims;

1. Each investigation report (the confirmation of CCTV at the location of the case and the attachment of related pictures and back-up CDs / DNA comparison - male DNA and suspect DNA and suspect DNA located on the victim's chests) shall apply law to each investigation report.

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 for Reduction of Quantity [The foregoing consideration shall be given to the defendant who has no record of criminal punishment prior to the crime of this case, and the victim does not want the punishment of the defendant at present under an agreement with the victim];

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, 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 Defendant has no record of being punished for a sex offense before committing the instant crime, the Defendant’s conviction judgment and personal information, and lectures in treatment of sexual assault may have the effect of preventing the Defendant from reoffending in the future;

The defendant's age, occupation, social relationship, details and circumstances of the crime of this case, and the defendant.

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