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(영문) 청주지방법원 2015.04.03 2014고합216
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2014, the Defendant offered that “The Defendant would dance in a singing room” to the Victim E (n, 26 years of age) who is a member of D’s club, and “the Defendant would dance in a singing room” to the victim, but was refused.

At around 22:10 on April 23, 2014, the Defendant engaged in similar rape by putting the fingers of the victim into the part of the victim, by putting the victim's body and putting the victim into the wall the victim's body, putting the victim in a sofack, putting the victim's fingers into the wall, putting the victim's chest into the wall, putting the victim's chest into the wall, putting the hand into the inner part, putting the victim's chest into the inner part, and putting the hand into the part of the victim's panty, putting the hand into the panty part, and putting the hand into the part of the victim's sound.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses E in the second protocol of the trial;

1. Kakaogles;

1. Application of Acts and subordinate statutes governing recording records;

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. In full view of all the circumstances, such as the details of the instant crime, the Defendant’s age, occupation, family relationship, social ties, and other benefits and preventive effects expected by the instant disclosure order or notification order, and the disadvantages and side effects therefrom, the Defendant’s personal information may not be disclosed or notified.

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