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(영문) 서울북부지방법원 2016.07.01 2015고합435
준강간
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

The Defendant: (a) on March 20, 2015, 23:20 on March 20, 2015, the Defendant: (b) on the part of the Defendant’s child-friendly arrest victim C (V, 18 years old); (c) on the part of the Defendant’s child-friendly arrest; and (d) on the part of the Defendant’s child-friendly arrest victim C (V, 18 years old); (c) on the part

No. 30

On March 21, 2015, the Defendant, at around 00:00 on March 21, 2015, thought that the Defendant, while drinking alcohol together with the victim at “E” located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-do, Sungnam-do, the Defendant saw the victim to take the drinking together with the victim and let the victim take the drinking to

On March 21, 2015, at around 01:25, the Defendant exceeded all the clothes of the victim by taking advantage of the victim's condition that the victim was unable to resist, and continued to put the victim's chest into the negative part of the victim, and continuously inserted the victim's sexual organ into the negative part of the victim.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint prepared by C;

1. A gene appraisal report;

1. Application of each CD-related statute

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

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 order to disclose or notify the registered information may have a significant impact on the defendant, so prudentis is necessary.

The crime of this case is not a sexual crime against many unspecified persons, and the defendant has no criminal record in the same way, and in this case, it has the effect to prevent the defendant from repeating a crime to some extent through the registration of personal information of the defendant against the defendant and the instruction of sexual assault treatment.

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