logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.05.04 2018고합115
준유사강간
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

The Defendant, as a restaurant delivery employee with the trade name of “C”, is a difference between the victim D (n, 19 years of age) and the victim, knowing that he/she was a son.

On January 15, 2018, at around 04:20, the Defendant found that there is no seal in front of the victim’s residence in Gwangju Dong-gu Ebud 303, and entered the entrance door to deliver the ordered food, and entered the victim’s residence.

The Defendant discovered a victim, who was under influence of alcohol in the inside of the embankment, and anticipated the victim to resist rapidly, committed similar rape, such as breaking the victim's body, leaving the victim's body, leaving the victim's body, leaving the victim's chest, leaving the victim's chest with the victim's chest, inserting the victim's finger over the left hand into the victim's body, and continuing to commit similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (including evidence Nos. 20 and attached documents No. 20);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

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, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant has no record of punishment for any sexual crime and thus is at risk of recidivism or recidivism of sexual assault as he/she has no record of punishment for any sexual crime);

It is difficult to conclude that the effect of preventing recidivism can be limited to the registration of personal information on the defendant and taking lectures in sexual assault treatment.

8.3.

arrow