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(영문) 인천지방법원 2014.07.04 2014고합54
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

At around 22:00 on November 5, 2013, the Defendant, at the front of Yeonsu-gu Incheon Metropolitan City, brought the victim D (n, 20 years of age) first to the Defendant’s friendship-gu to the Defendant’s friendship-gu, and used tobacco on the road, the Defendant was at the victim’s own hand at his/her own hand, and was at the victim’s entrance.

The defendant continued to attract the victim who intends to be neglected into a nearby alley, kis on the victim's entrance, kis on the part of the victim, kis on the part of the victim, kis on the part of the victim, and kis the victim into another alley, and kis on the part of the victim while inducing the victim to another alley, kis on the part of the victim, and kis on the part of the victim, kis on the part of the victim, and kis on the part of the victim, kis the chest of the victim, kis on the part of the victim, and kis on the part of the victim, and kis on the part of the victim, kis on the part of the victim, and kis on the part of the kis.

As such, the Defendant committed the act of inserting part of the body of the Defendant into the victim’s sexual intercourse.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Application of the police statement law to D;

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 (Consideration of favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Reexamination of favorable circumstances among the reasons for sentencing as follows);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information

The order of disclosure and notification of the registered information without issuing an order of disclosure is important to the defendant.

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