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(영문) 수원지방법원 2016.11.17 2016고합492
강간
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 1:07 on August 25, 2016, the Defendant entered D 4 Ecomel 410 in Sungsung-si, the Defendant: (a) reported the victim F (one, two years of age) who was divingd in the part of the victim’s body; and (b) was sexual intercourse with the victim’s sex, the victim’s sexual organ was changed from the lock; and (c) the victim took away the victim’s sexual organ by defing the body, but the victim’s sexual organ was cut off, but the victim’s right arms was cut off and the victim’s body was cut off, and the victim’s sexual organ was forced to resist, and then the victim was raped by inserting his own sexual organ into the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning the F;

1. 112 case handling table;

1. Application of the Act and subordinate statutes to the investigation report (Evis CCTV investigation);

1. Article 297 of the Criminal Act applicable to the crimes;

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. Articles 47(1) and 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 (in full view of the Defendant’s age, occupation, family environment, and social relationship, the details, circumstances, and result of the instant crime, the effect of preventing sexual crimes subject to registration that may be achieved by the disclosure and notification order, the protection effect of the victims of sexual crimes subject to registration, and the degree of disadvantage suffered by the Defendant due to the disclosure and notification order, and the anticipated side effects, if a conviction becomes final and conclusive on the grounds of the criminal facts indicated in the registration of personal information of the Defendant, the Defendant shall be deemed to have any special circumstance in which

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