(영문) 광주지방법원 2015.02.13 2014고합618

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.02.13 2014고합618

유사강간

Text

Defendant shall be punished by imprisonment for a term of 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

During the period from 00:37 to 02:47 on August 9, 2014, the Defendant: (a) kidddd the chest of the victim (the 37 years of age) who was under the influence of shock by drinking in two Danorale located in Gwangju Mine-gu, and (b) kid the victim, who was under the influence of drinking in the panty, was spane by inserting the finger into the panty, and tried to get off the body of the victim who was under the influence of the panty and panty thereof together; (b) the victim tried to get out of the body of the victim who was under the influence of the panpanty and panty thereof, and was flue by inserting the panum part of the victim by putting the panty and panty thereof into the panty part of the victim, and committed similar rape.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement prepared by the assistant judicial police officer to make a statement suitable for such statement;

1. Application of each video statute corresponding to the video recordings and the styphographic photo;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) is deemed to have weak tangible power exercised by the defendant and committed an indecent act in contingent; there is no record of criminal punishment heavier than the same kind of crime or suspended sentence; the defendant's age, character and conduct, means and result of the crime; the risk of recidivism is low in light of the circumstances after the crime; the defendant's home and

1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. The defendant and the victim caused the relationship and crime between the defendant and the victim and the victim were those who work in the "E", a prote specialized company.

The Defendant committed the instant crime while receiving the victim’s telephone and drinking together, and going through singing.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

유사 판례

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