logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.03.11 2014고합611
유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

On September 25, 2014, the Defendant stated that the victim (the 53 years of age) kisk kis down on the sperm located in the Dong-dong in Gwangju Northern-gu, Gwangju, 2014, “one kisk kisk,” and prevented the victim from resisting the victim by putting the victim on the floor of the sperm, kiscing the chest, legs, shoulders, etc. of the victim, kis the victim’s chests, kis, and tacks the chest and tacks, with his fingers and macks on the floor of his hand, thereby committing similar rape.

Summary of Evidence

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

1. Statements made to the victim from among the video recordings made to the victim;

1. The application of the Acts and subordinate statutes governing statements made by victims, which conform to such provisions;

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 on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the ground that the defendant has no history of criminal punishment, and the crime of this case is deemed to have been committed a single time, and thus, the risk of recidivism is low, and such circumstances may be

1. Review of the reasoning for sentencing of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as the “Juvenile Act”), the following facts can be acknowledged.

1. The Defendant’s intellectual disability is class 2 of intellectual disability, with low intelligence and ACC 45 needs to be helpful for others to lead a social life and vocational performance.

2. The Defendant has no history of criminal punishment.

3. The Defendant’s family relation 70 mother is living together with the Defendant’s 70 mother. The Defendant’s sibling, who is the only non-disabled person, is visiting the Defendant’s house one to two occasions a week, living at a distance of 10 minutes from the Defendant’s home.

【Judgment of this Court’s sentencing】

1. The scope of applicable sentences under law: Imprisonment with prison labor from one year to 15 February 15.

arrow