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(영문) 부산지방법원 2015.11.20 2015고합550
준유사강간상해
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant and the victim C were the duty-free shop workers at the U.S. registry D.

At around 02:00 on August 26, 2015, the Defendant, at the F hotel 405 room in Jung-gu Seoul, Jung-gu, Seoul, with the victim and the fellows, had the victim locked to drink and engage in similar rape in a timely manner, had the victim's name and the lower part off, and had the victim's negative part, who has been unable to resist for about five minutes.

In the way of repeated rape, the victim suffered an injury in the number of days of treatment, such as getting out of the victim's negative body, by repeating similar rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant Articles of the Criminal Act and Articles 301, 29, and 297-2 of the Criminal Act concerning 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 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders 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 [it shall be determined that there are special circumstances in which the personal information of the accused shall not be disclosed or notified, taking into account the following circumstances: the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of re-offending (no criminal record) of the crime committed; the benefits and preventive effects expected by the disclosure order or notification order of this case; and the disadvantages

1. Special circumstances where the Defendant under the proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete education does not facilitate communication by Korean language with a foreigner of Chinese nationality. If this judgment becomes final and conclusive, the Defendant is subject to deportation under the Immigration Control Act, and thus, cannot impose a order to complete education on the Defendant.

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