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(영문) 인천지방법원 부천지원 2018.01.26 2017고합238
유사강간
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 3, 2017, the Defendant found the victim D (a person, ring, 45 years of age) who returned home under the influence of alcohol on the street in Bupyeong-si, Busan on May 3, 2017, and led him to a baller, brought the victim's knife, knife the victim's body, knife the victim's body, and put the victim's knife inside the part of the victim.

In this respect, the Defendant raped the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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 (the fact that the defendant has not been punished for any sexual crime up to the present, the fact that the defendant has not been punished for any sexual crime, the fact that the registration of personal information ordered by this court and the lecture for sexual assault treatment can have the effect of preventing the defendant from repeating the crime

Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), where a conviction becomes final and conclusive in relation to a sexual crime committed against a defendant who registered a new personal information, taking into account the Defendant’s age, family environment, social relation, occupation, details and result of the instant crime, anticipated side effects and side effects of the Defendant’s disadvantage due to the instant disclosure or notification order, the prevention effect of sexual crimes that may be achieved therefrom, and the effect of protecting the victims from sexual crimes).

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