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(영문) 의정부지방법원 고양지원 2017.05.12 2017고합20
강간
Text

A defendant shall be punished by imprisonment for two years.

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 02:30 on November 15, 2016, the Defendant: (a) stated that “Durel” located in Seo-gu, Busan, Seo-gu, Seo-gu, Seo-gu, (hereinafter “Durel”); (b) while drinking alcohol with the victim E (the age of 21); and (c) stated that “the victim was able to commit rape; and (d) the victim’s “the victim was able to do so so; (b) intending to go out of the room; (c) the victim was able to go out of the room; (d) the victim’s right arms were kid by cutting off the victim’s clothes and resisting the victim’s her hand; and (d) prevented the victim from resisting the two arms of the victim’s clothes; and (e) forced the victim’s bridge into the part of the victim’s bridge by inserting the victim’s legs; and (e) forced the victim’s bridge into the part of the victim’s bridge.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the E police statement;

1. Application of the investigation report (in response to the results of the appraisal request), response to the appraisal request, investigation report (in the case of crimes committed within the suspect AD circuit, submission of CDs on the face of crimes committed in the suspect AD), CCTV-related

1. Article 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 stay of execution (The following circumstances considered in favor of 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 Committed to Attend;

1. Article 47(1) and Article 49(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) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of punishment for a sexual crime; in this case, the fact that the defendant has no record of being punished for a sexual crime; only taking lectures in the registration of personal information and the lectures in the treatment of sexual assault can prevent the

In full view of all the circumstances, such as the fact that the personal information of the defendant is seen, it shall not be disclosed or notified.

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