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(영문) 전주지방법원군산지원 2020.08.13 2020고합6
강간
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:00 on November 6, 2019, the Defendant cut locked at the bed of the victim C (the 23 years of age)’s residence in the Gunsan City B, together with the motive for drinking alcohol, and the victim was exempted from the clothes of the victim himself/herself who intends to enjoy in the end of his/her bed, she was faced with the victim’s face and entrance, etc., she was placed in the part of the victim’s sound, she was placed in the victim’s arms and legs by cutting them into the part of the victim’s body, she was divided into the victim’s arms and legs by cutting them into the part of the victim’s body, and she was raped by inserting the victim’s sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 297 of the Criminal Act applicable to the crimes;

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 extenuating circumstances among the reasons for sentencing);

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered 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 has no record of punishment for sexual crimes other than the instant case, and the Defendant appears to have no record of punishment for sexual crimes, and the order to attend sexual assault treatment courses and employment restrictions on institutions related to children and juveniles and welfare facilities for disabled persons imposed in the instant judgment can expect

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