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(영문) 서울서부지방법원 2018.09.11 2018고합74
강간
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

On February 19, 2018, the Defendant, at around 01:30 on February 19, 2018, engaged in drinking alcohol to the victim E (the 28 years of age) while drinking alcohol, together with the flag victim E (the 28 years of age) located in Eunpyeong-gu Seoul Metropolitan Government around 01:30.

During the period of massage, the victim's both arms are cut off and divided, and the victim's sexual organ was prevented from resisting the victim, and the victim was raped by inserting the victim's sexual organ into the victim's negative part.

Summary of Evidence

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

1. Legal statement of witness E;

1. A criminal investigation report ( photographs of parts of each hole of a victim) and photographs attached thereto;

1. Response to a request for appraisal;

1. Application of the Acts and subordinate statutes to photographs of the scene of occurrence and the body of the suspect;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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 crime of this case is not a crime committed against an unspecified victim, the crime of this case is not a crime committed against the defendant, the sentence of imprisonment to the defendant, the registration of personal information, and an order to attend a sexual assault treatment program is expected to have the effect of preventing recidivism, other than the defendant's age, environment, social relationship, risk of recidivism, the type, motive, consequence, seriousness of the crime of this case, etc., the characteristics of the crime such as the crime, the prevention of sexual crimes that may be achieved through an order to disclose or notify, the effect of protection of victims, and the disadvantage of the defendant due to an order to disclose or notify.

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