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(영문) 서울남부지방법원 2015.03.13 2014고합568
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and the victim C (the age of 23) had been aware of about one year prior to the Kakao Stockholm and continued to divide conversationss. At around 20:30 on August 9, 2014, the Defendant and the victim C (the age of 23) performed drinking together with the first drinking around 0:30 on August 9, 2014, and 00:50 on the following day, the Defendant’s residence of Geumcheon-gu Seoul, Geumcheon-gu, Seoul.

On August 10, 2014, at around 02:55, the Defendant: (a) 02:55 on August 10, 2014, the Defendant: (b) fluencing a sobro in a sobro, laid off a defective clothes; (c) laid off the victim’s shoulder on the floor by cutting off the victim’s shoulder; and (d) off and off all stitts and clothes; and (c) flus and clothes from the victim’s body, flusing sound into the victim’s sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s body; and (d) flusing the victim into sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes, such as a request for appraisal by the National Scientific Investigation Institute;

1. Article 297 of the Criminal Act applicable to the crimes;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 16 (2), Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc.

5. Whether a case constitutes “any special circumstance that may not disclose or notify the personal information” provided for in Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, as an exception to disclosure and notification orders, constitutes “any special circumstance that may not disclose or notify the personal information” means the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant due to disclosure or notification orders, etc.

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