logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2021.02.04 2020고합220
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 08:40 on November 17, 2020, the Defendant exceeded the panty of the victim D (one’s name, half’s age, 23) and panty, and inserted panty into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020); Article 50(1) proviso of the former Act (amended by Act No. 17282, May 19, 202); (2) it appears that the registration of personal information of the defendant against the defendant and the order to attend lectures to treat sexual assault since the defendant has no record of criminal punishment can have the effect of preventing re-offending; and (3) in full view of all the circumstances such as the defendant's age, occupation, environment, social relationship, and anticipated side effects that the defendant may suffer due to such order, the disclosure of the defendant's personal information may not be notified).

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria [the types of sex offenses];

A. At least 13 years old, the crime of rape.

arrow