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(영문) 서울북부지방법원 2013.11.08 2013고합278
준유사강간
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

The defendant and the victim B (the age of 25) knew about five years prior to the age of 5, and the defendant found the place where the victim works on July 6, 2013 to be the place where the victim works on or around 00:30 on July 6, 2013, and carried the alcohol together with the victim under the influence of alcohol on or around 05:00 on the same day and carried the alcohol into the house of the defendant in Dongdaemun-gu Seoul.

At around 05:30 on the same day, the Defendant: (a) committed a similar rape in the body of the Defendant, by putting his fingers into the victim’s brode and panty, cutting off his fingers into the victim’s brode and panty, putting the fingers into the victim’s drinking part; and (b) putting the fingers into the victim’s drinking part, thereby in the state of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim and D;

1. The application of statutes to the Kakao Stockholm photographs and investigation reports (in respect of methods of similar rapes of suspects),

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), Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 30 subparagraph 2 of the Act on Probation, etc., and Article 59 (1) of the same Act;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of recommended sentences according to the sentencing guidelines [decision of types] group of sex crimes, general standards in 01.

A. The scope of rape (a person over 13 years of age) and the general rape of adult shall be included in one category, and the upper limit and lower limit of the scope of the sentence shall be 2/3.

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