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(영문) 서울중앙지방법원 2019.10.25 2019고합622
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on August 28, 2018, the Defendant discovered the fact that the victim E (Gain, b0 years of age) was living in D’s house located in Gangnam-gu Seoul Metropolitan Government B apartment C, and came up with the victim’s body, and then opened up the victim’s body with the victim’s body, and made the victim’s arms and legs that resist the resistance by unfolding the victim’s arms and legs so as to be tightly divided into the victim’s arms and legs, thereby suppressing the victim’s fingers into the part of the victim’s back, and putting the victim’s fingers into the part of the victim’s body and panty, again putting the victim’s fingers off and her fingers into the part of the victim’s drinking part, thereby committing similar rape.

Summary of Evidence

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

1. The police statement of victim E;

1. A report on a request for appraisal, a written appraisal, a written consent for collecting genes, a request for appraisal, a report on the request for appraisal, an appraisal, etc.;

1. Application of Acts and subordinate statutes to each map and photographs of victims;

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. The main sentence of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act

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 or notify information, 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 punishment of imprisonment (the suspension of execution of sentence, registration of personal information, an order to attend school for the treatment of sexual assault, and an order to restrict employment alone appears to have the effect of preventing re-offending even with regard to the accused

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