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(영문) 대전지방법원 천안지원 2015.04.29 2015고합39
준유사강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

At around 05:00 on December 4, 2014, the Defendant: (a) placed the victim E (nive, 19 years old) from the Defendant’s house located in the Gangnam-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, 05:01; (b) placed the victim E (nive, 19 years old) at the back of the house; and (c) returned the victim at one’s beds upon the request of the victim E (nive, she reworking the victim; (d) reported the victim’s appearance to the victim; (b) put the finger into the victim’s seat; (c) put the knive, kid, kid, kid, kid, put the finger into the victim’s sex; and (d) put the victim’s finger into the victim’s finger, thereby making it difficult for the victim to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the police statement law to D;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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. In addition, in full view of various circumstances such as the defendant's age, occupation, family environment, social relationship, the risk of recidivism, etc., the defendant's personal information disclosure or notification order shall not be disclosed or notified; the proviso to Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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 defendant is the first offender; the defendant is not highly likely to prevent sexual crimes against an unspecified general public in light of the facts stated in the judgment; the registration of personal information and participation in sexual assault treatment courses may have the effect of preventing recidivism to a certain extent; and the defendant's personal information shall not be disclosed or notified.]

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