logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2014.08.28 2014고합62
유사강간
Text

A defendant shall be punished by imprisonment for one year.

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 January 2, 2014, the Defendant was able to take part in the Victim C (n, 20 years of age) while drinking alcohol with E at the “E” alcohol house located in Sinpo City D, with E, for the first time. On the same day, around 05:10, the Defendant was able to take part in the Victim C (n, 20 years of age) and the said F.

On January 2, 2014, at around 07:20, the Defendant left the victim’s house with mind to commit an indecent act against the victim under the above 801, and exceeded the victim’s house, and the Defendant continued to talk with the victim’s clock and chest at 3-4 times, and boomed the victim’s fingers by hand.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where the facts constituting a crime in the judgment on the registration of personal information under Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation are affirmed, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. Application of the sentencing criteria (determination of types).

arrow