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(영문) 대구지방법원 서부지원 2016.06.23 2016고합64
강간치상
Text

A defendant shall be punished by imprisonment for not less than two years 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 March 31, 2015, the Defendant: (a) on March 31, 2015, around 16:00, placed the shoulder of the victim D (n, 20 years of age) (n, sn, sn, and 20 years of age) who is brud in the Defendant’s self-defense room located in Daegu Seo-gu, Daegu-gu, on a double hand; (b) laid off the victim’s clothes; and (c) prevented the victim from resisting on the part of the victim; (d) exceeded the victim’s clothes; (d) sexual intercourse with the victim; and (e) suffered sexual intercourse with

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions and Articles 301 and 297 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for sentencing”), whichever is favorable, is considered as follows.

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration of personal information under Article 16(2) and the main sentence of Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant constitutes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and thus, is obligated to submit personal information to the competent agency

The defendant who has not issued an order of disclosure and notification is the first offender, the defendant acknowledges all the facts constituting the crime of this case, and reflects his mistake in the truth, and in this case, the effect of preventing the recidivism of the defendant can be achieved through the registration of personal information and the participation in the treatment of sexual assault.

There are special circumstances in which the defendant shall not disclose or notify personal information, such as seen.

Since it is determined, the disclosure order and notification order under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and 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 shall be imposed.

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