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(영문) 광주지방법원 2019.08.14 2019고합240
유사강간
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

On April 30, 2019, at around 00:50, the Defendant: (a) sited on the side of the victim D (the 18-year age), under the influence of alcohol, and laid down the victim’s bucks by hand, inserting the hand into the part of the victim’s strings; (b) inserting the bucks into the part of the victim’s strings; (c) write the bucks into the part of the victim’s strings; (d) sound and kid the victim’s chest, and (e) put the victim’s chest into the hands.

The Defendant continued to string the victim as a person with a shouldering duty, lying the victim on the wall, lying him on the inside, putting him on the inside, inserting him again into the sound part of the victim, and putting him on the left chest of the victim on his hand.

In this respect, the Defendant forced the victim to commit similar rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to a gene appraisal statement;

1. Article 297-2 of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 (in full view of the fact that there is no past record on a sexual crime against the accused, the extent and expected side effects of the accused’s disadvantage due to an order to disclose or notify information, the effects of preventing sexual crimes subject to registration that may be achieved therefrom, and the effects of protecting victims of sexual crimes subject to registration, etc., it is deemed that there is

1. Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse who are subject to employment restrictions;

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