logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.03.20 2013고합622
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 December 1, 2013, at around 01:00, the Defendant, at around 01:00, caused the victim E (the victim E (the 45-year-old age) who was the president of the Hopju store, in which the Defendant had a single fright and had a music, and then caused the victim’s desire to breathly, and then placed the victim on the part of a forced fright.

After the Defendant putting the victim's body against the victim's body that she does not speak and resist, she spanty of the victim, and she put the hand into the victim's panty and added the fingers into the victim's negative part, thereby committing similar rape.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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 (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. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (it is difficult to see that the defendant is highly likely to recommit a sex crime in light of the circumstances favorable to the reasons for sentencing, such as without the records of sex crimes, the circumstances leading to the crime in this case, the relationship with the victim, etc.). In full view of the profits and effects expected by the disclosure order and notification order with respect to the defendant, and the disadvantage and side effect resulting therefrom, where a conviction becomes final and conclusive on the crime of this case of

arrow