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(영문) 대구지방법원서부지원 2020.08.20 2020고합121
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 26, 2020, around 16:30 on March 16, 2020, the Defendant d apartment E, a residence of the victim C (n, 56 years of age) in Daegu-gu, Daegu-gu, and performed drinking together with the victim. The Defendant, by hand, her hand, her part of the victim’s knife into the victim’s clothes, and put his hand into the victim’s knife, and her knife into the victim’s knife, and her knife into the part of the

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on investigation (the video recording of victims C and requests for appraisal);

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

1. An order to disclose information, an order to disclose information, or an order to disclose employment restriction: Exemption from such order: Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 49 (1) (proviso) or the proviso to Article 50 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019); Article 56 (1) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3 (1) (proviso) of the Welfare of Disabled Persons Act; Article 59-3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 47 (1) or 49 (1) of the Act on the Protection of Sexual Crimes against Sexual Crimes;

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