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(영문) 수원지방법원 안양지원 2014.10.08 2014고합60
준유사강간
Text

A defendant shall be punished by imprisonment for two years.

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

Around 2011, the Defendant had been aware of the Victim C (n, 31 years of age) who worked as an employee at Hop House and had been able to do so. From around 13:00 on August 29, 2013 to 16:00 on August 29, 2013 to 16:00, the Defendant seems to have expressed a clerical error that “G” as stated in the indictment of Sinpo-si D, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, with the victim’s inception, which is at the center of Sinpo-si, Sinpo-si.

Under the influence of alcohol, the 8th floor FMoel 822 of the E building, the victim was placed on a bend, off his clothes, and off the victim's chests several times in his/her hands, and her fingers were collected into the part of the victim's sound, thereby committing similar rape.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act on the Legal Statement of Witness C

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act; the main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Determination on the assertion of the accused and the defense counsel on the grounds of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no record has been punished as a sexual crime); (c) profits and effects expected from the disclosure order or the disclosure order or notification order of this case; and (d) disadvantages and side effects therefrom; and

1. The Defendant’s summary of the assertion is the sexual intercourse under an agreement between the victim and the sexual traffic.

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