logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.06 2018고합842
준강간
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 22, 2018, the Defendant, at around 04:00, had a fluence in the workplace of the victim E (V, 23 years of age), a worker in Gwanak-gu in Seoul Special Metropolitan City, left the victim who was under the influence of alcohol and was unable to properly hold his/her body, and had sexual intercourse once after he/she was discharged from his/her her panty and panty.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing the F dialogue course;

1. Articles 299 and 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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. In full view of various circumstances, including Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure, notification order, and employment restriction order, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of punishment for sexual crimes, and the crime of this case is not limited to multiple unspecified victims; the Defendant’s personal information registration of the Defendant against the Defendant and taking lectures in treatment of sexual assault can be prevented from repeating the Defendant’s age, occupation, family relationship, other profits expected by the disclosure order and effect of the crime, and comparative balancing between disadvantages and expected side effects, there are special circumstances where the disclosure of Defendant’s personal information should not be ordered.

The judgment of conviction becomes final and conclusive on the criminal facts stated in the registration of personal information.

arrow