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(영문) 춘천지방법원 강릉지원 2019.02.14 2018고합58
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a deceased-child C in the family life of the victim B (the family name, the female, the age of 21).

At around 06:00 on March 25, 2018, the Defendant drinked alcohol with the victim, C, and G, and moved to G’s house after drinking alcohol with the victim, C, and G, and left with the victim. On March 25, 2018, the Defendant exceeded the clothes of the victim who was locked, cut off the victim’s chest, cut off the victim’s chest, laid down the victim’s finger, laid down the victim’s finger, inserted the victim’s body into the part of the victim’s body, and inserted the part of the victim’s body.

Accordingly, the defendant has sexual intercourse with the victim who is in a state of mental or physical disability or non-performance.

Summary of Evidence

1. Defendant's legal statement;

1. Video CDs or stenographic records;

1. The police statement of C (the first time) and the police statement of G;

1. Application of the Acts and subordinate statutes to response to each request for appraisal;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

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 Defendant has no record of criminal punishment, and the Defendant appears to have the effect of preventing recidivism by means of taking lectures in sexual assault treatment and employment restriction orders, and other matters such as the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to disclosure or notification orders, and the prevention effect of sexual crimes subject to registration that can be achieved therefrom.

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