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(영문) 의정부지방법원 고양지원 2019.06.25 2019고합61
준유사강간
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

On July 22, 2018, at around 02:20 on July 22, 2018, the Defendant: (a) placed the victim’s wife C in his wife B, and (b) placed the victim’s hand in his wife D (one’s name, 35 years of age) where the victim was unable to resist due to diving; and (c) placed the victim’s buckbucks in the drinking part of the victim.

Accordingly, the defendant has sexual intercourse with a part of the body, such as fingers, in the victim's sexual intercourse condition.

Summary of Evidence

Defendant’s legal statement

Article 299 and Article 297-2 of the Criminal Act of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 16(2) of the Act on Special Cases concerning the Disclosure Orders, Notification Orders and Exemptions from Employment Restriction Orders, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59-3(1) of the Addenda (Act No. 15904, Dec. 11, 2018), Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 62(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

1. Scope of punishment by law: Two to thirty years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] shall be the general criteria for sex crimes (the objects of at least 13 years of age].

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