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(영문) 서울남부지방법원 2017.07.14 2016고합621
준강간
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

From June 18, 2016, the Defendant, from around 04:00 on June 18, 2016 to around 04:0, performed drinking together with the victim F (the victim F (the victim F, 25 years of age, 25 years of age) who was allowed to sit in the drinking house located in Gangnam-gu Seoul, while drinking together with the Defendant’s house at around 10:00 on the same day, and used the victim’s house to have sexual intercourse with the victim.

On June 18, 2016, at around 12:00, the Defendant exceeded the clothes of other victims, and had sexual intercourse once with the victim, in Seoul Guro-gu G, 702 Dong 703, and 703 at the Defendant’s residence.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's potential state of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, F, and I;

1. 112 Reporting case handling table;

1. A response to a request for appraisal by each country (the list Nos. 8, 12);

1. Video and voice of video CDs produced by a defense counsel;

1. Police investigation report ( Results of a request for appraisal of suspect oral cells) and documents attached thereto;

1. Recording recording recording recording recording;

1. Application of Acts and subordinate statutes reporting on the details of victim mobile phone calls and cellular phone analysis;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the 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 disclosure and notification orders, 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 same criminal history and thus is at risk of recidivism or recidivism of sexual assault as he/she has no same criminal history;

It is difficult to conclude, only by registering personal information of the defendant and taking lectures to treat sexual assault, the effect of preventing recidivism can be expected to some extent.

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