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(영문) 광주지방법원 2018.11.02 2018고합357
준강간
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On March 14, 2018, the Defendant, at around 22:40, at the office of the Defendant located in Gwangju Northern-gu B building, and the office of the Defendant located in the same day, had sexual intercourse with the victim by putting the victim's clothes out of all the body of the Defendant, by putting the victim's chest down, and inserting the victim's breast into the part of the victim's physical and mental loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each gene appraisal document;

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

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

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 possibility of recidivism by the Defendant’s sexual crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims from the sexual crime subject to registration, there are special circumstances in which the Defendant may not disclose or notify personal information to the public;

I think)

1. Grounds for sentencing under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing guidelines [Determination of the type] The basic area where there is no one (a person in charge of general rape) type 1 (a person in charge of special sentencing] (a decision in the sphere of recommendation] (a decision in the sphere of recommendation] (a decision in the sphere of recommendation] (a decision in the sphere of recommendation] (a decision in the range of punishment), from June to five years.

3. Determination of sentence: Imprisonment for a period of two years and six months; and

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