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(영문) 의정부지방법원 고양지원 2016.04.22 2015고합282
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 10, 2015, the Defendant raped the victim by cutting off the clothes of the victim F, which were in a state of imprecing gire in the 7nd Eel of the 7th Eel of the D Building in Gyeyang-gu, Seoyang-gu, Seoyang-gu, and inserting his sexual organ into the resistance, in light of the following: (a) around October 10, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A police statement protocol and a video recording CD with F;

1. Six copies, such as a gene appraisal report;

1. Investigation report (Analysis and report on response to a request for appraisal);

1. Reports on internal accidents (recording statements made by victims, gathering of sexual violence keys, and submitting clothes worn at the time of damage);

1. Application of the statutes governing CCTV images and CDs submitted by victims;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Reduction of a small amount (a favorable circumstance among the following reasons for sentencing) under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 an disclosure order or a notification order, 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 this case, the defendant is the first offender, and in this case, the defendant can have the effect of preventing recidivism of the defendant to a certain extent only by taking lectures in registering personal information and taking lectures in treating sexual assault;

Comprehensively taking account of various circumstances such as the appearance of the defendant, there are special circumstances that may not disclose or notify the defendant's personal information.

The reason for sentencing

1. The scope of the recommended punishment according to the sentencing criteria [the types of sex offenses];

A. Class 1 (General Rape) of the Act on the Punishment of rape (13 or more years of age): The mitigated element of punishment (determination of the recommended territory), the mitigated range of punishment (one year and six months to three years of imprisonment), [the scope of the recommended punishment] one year to two years (the adult similar rape shall be included in Category 1, but the upper limit and lower limit of the sentence shall be mitigated to 2/3).

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