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(영문) 서울서부지방법원 2017.08.24 2017고합224
준강간등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 15, 2017, the Defendant: (a) around 02:05, in Mapo-gu Seoul Mapo-gu, for the purpose of reporting the Victim F (the life, leisure, 22 years old); (b) who was seated on the road under the influence of alcohol; and (c) was approaching the female, citing the female’s belongings, and was in the vicinity thereof.

4 The 4th floor building was sent back to the 1st floor, and the body of the victim, who was unable to resist, was discharged from all clothes before the toilet of the 1st floor and had sexual intercourse once.

Therefore, the Defendant quasi-rapeed the victim.

2. At the fourth floor managed by Mapo-gu Seoul Metropolitan Government Victim H around the above day, Defendant 1 opened a door by dividing the Defendant’s friendship door number, which was known to the Defendant’s parent-gu when working in the office located in the above building, and intruded into the building.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A investigation report (CCTV investigation) and CCTV video data at the scene of crimes;

1. Application of Acts and subordinate statutes to the written request for appraisal;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 299 and 297 of the Criminal Act (the points of quasi-rape) and Article 319 (1) of the Criminal Act (the point of intrusion on a structure and the choice of imprisonment);

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be made within the extent that the sum of the long term of each crime prescribed for the heavier quasi-rape)

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 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 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 (the part of the Defendant’s recidivism risk is considerable, even if the Defendant did not have any record of criminal punishment against the Defendant, and the Defendant’s personal information is registered and sexual assault treatment is provided.

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