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(영문) 인천지방법원 부천지원 2019.09.20 2019고합148
준유사강간
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 May 15, 2019, around 03:30 on 03:30 on 15, 2019, the Defendant accessed the victim D (tentative name, 26 years of age) who entered panty only in the male water surface room, and opened between the two pantys of the victim and opened between the two pantys of the victim, and opened the victim's sexual flag as soon as the Defendant entered.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s non-performance state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos 7 and 8) and accompanying documents;

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

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 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 (in full view of the Defendant’s age, environment, criminal record, risk of recidivism recognized through the records and pleadings of the instant case; and other benefits and preventive effects expected by the disclosure or notification order of the instant case; and disadvantages incurred therefrom, the disclosure or notification of the Defendant’s personal information is deemed to have special circumstances where the disclosure of the

1. The main sentence of Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act ( December 11, 2018), the main sentence of Article 59-3 (1) and (2) of the Act on Welfare of Disabled Persons;

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. The scope of recommendations on the sentencing criteria [the determination of types] and the general standards for sex offenses;

(a) In the case of rape [Class 1] general rape (special rape) (special rape).

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