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(영문) 수원지방법원 2018.10.18 2018고합383
준유사강간
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2018, the Defendant was able to be accommodated together in E-mail 505, E-mail 505, located in Chungcheongnam-si, Chungcheongnam-do, in order to participate in the motor vehicle shock, together with those other than victims C (a person, 23 years of age).

Defendant’s Month

3. At around 05:35, at the above gate, the victim was found to have been divingd, so that the victim cannot see another fright by covering the fright, and then the victim's chests, distributions, etc. are allowed by putting the fright into the inside of the damaged person's gate, putting the victim's chests and distributions into several times. After the victim moved the fright, knee-fe-fe-fe-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-

In this respect, the defendant was put into the body of the injured person by taking advantage of mental and physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. A written statement in C (tentative name), F and G preparation;

1. Application of Acts and subordinate statutes to photographs by reporting the commencement of internal investigation, setting up a place at the time of damage, cutting down the contents of each H conversation and cutting down the contents of each H conversation

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, and the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, the type and motive of the instant crime, the process of the instant crime, the severity of the outcome and the crime, the disclosure order or notification order, the degree of disadvantage and anticipated side effects, and the possible side effects.

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