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(영문) 대구지방법원 2019.05.10 2019고합111
유사강간
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

The defendant is a victim B (n, 46 years of age) and a deadly death.

At around 16:00 on January 30, 2019, the Defendant forced the victim to kisk, kisk, and kisk, kisk, and kisk, the victim “d. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. . Mad. . . .............................., the Defendant exceeded the victim’s lower part of the victim, and put the kis in the part of the victim.”

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (including the sequence 4, 5, and accompanying materials of evidence list);

1. Article 297-2 of the Criminal Act applicable to the facts constituting the crime;

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and an employment restriction 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, and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse cannot be readily concluded that the Defendant has no record of being punished for sexual assault crimes prior to the instant crime, and thus,

In addition, in full view of all the circumstances such as the disadvantage and anticipated side effects that the defendant will suffer and the defendant's age, occupation, family environment, social relationship, and motive, means, and results of the crime of this case due to the disclosure order, notification order, and employment restriction order, the defendant shall be the defendant.

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