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(영문) 서울북부지방법원 2014.06.27 2014고합76
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:30 on January 4, 2014, the Defendant attended the E frequency hall located in Seongbuk-gu Seoul Metropolitan Government D, e.g., F’s marriage-type conference and drinked the victim G (n, 26 years of age, H) who was a new side of the family, with the first drinking at the meeting, and the first drinking at the Ibcck for the transfer of the place, and the second drinking at around 01:30 on January 5, 2014, the Defendant tried to take the place in front of the above Tongck for the purpose that “G is likely to move within the house, and the head of the scar division is Ra, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, and Ga, she was raped with the victim who was under the influence of alcohol by using it, and she was raped with the victim by reporting 1 to the victim and rape around 06060 days.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Application of CCTV Acts and subordinate statutes;

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

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) 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is difficult to readily conclude that the Defendant confessions the instant crime and is in depth against the Defendant, and that there is no record of sexual assault crime, and thus, the victim does not want the Defendant’s punishment, and

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