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(영문) 인천지방법원 부천지원 2017.04.21 2017고합7
준강간등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. After early August 2016, the Defendant: (a) considered the victim E (the 43-year-old) who was temporarily paid in a set of studio 203 in Kimpo-si, Kimpo-si, the Defendant: (b) committed sexual intercourse on August 1, 2016 with the victim E (the 43-year-old-old), who was temporarily paid in a set of a short half of this short radius; (c) had the victim scam to have sexual intercourse with the victim; and (d) had the victim scam in an unlocked state.

2. The Defendant, at around 02:00 on December 6, 2016, committed an attempted quasi-rape, in the studio as indicated in paragraph (1) around 02:00, in mind that the Defendant had sexual intercourse with the victim at a diving, and did not have the victim’s legs and her mare, but did not have the intent to commit an attempted crime at the wind that the victim resists.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Application of Acts and subordinate statutes stating part of the protocol concerning the interrogation of the suspect to the defendant;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense (the points of quasi-rape) Articles 299, 297 (the points of quasi-rape) and 300, 299, 297 (the points of attempted quasi-rape) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which shall apply to concurrent crimes (aggravating concurrent crimes prescribed in the crime of rape, which shall have heavier gravity of the nature of the crime);

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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) 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 history of sex offense; the instant crime is not for many unspecified victims; the Defendant’s personal information is not for those of unspecified victims; the instant crime is not for those of unspecified victims; and the Defendant’s participation in the course of treatment of sexual assault alone is also for a certain extent.

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