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(영문) 인천지방법원 부천지원 2018.01.26 2017고합243
강간
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

From around 22:00 to 22:30 on July 24, 2017, the Defendant committed “D” parking lot located in Kimpo-si, Kimpo-si, with the victim E (hereinafter referred to as “D”) as if he were to talk in singing, and moved the victim to the vacant lot located in Kimpo-si, Kimpo-si, after hanging on the top of the Defendant Fran-si vehicle in the Defendant’s Fol-si, and forced the victim’s body seated in the top of Kimpo-si, and forced the victim to go off his clothes, and did not resist the victim’s buckbbbbbs, plucking the victim’s arms to the head of the victim, and then did so. After 2 to 3 minutes, the Defendant had sexual intercourse once with the victim’s body.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E;

1. Article 297 of the Criminal Act by universal title with respect to 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 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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 fact that the defendant has no record of being punished for a sexual crime, the fact that the defendant has no record of being punished for a sexual crime, the registration of personal information ordered by this court, and the participation in lectures for sexual assault treatment may have an effect to prevent the defendant from repeating

In addition, comprehensively taking account of the Defendant’s age, risk of recidivism, motive and consequence of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure notification order, the preventive effect of the sexual crime subject to registration that can be achieved therefrom, and the effect of protecting the victims.

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