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(영문) 부산지방법원 서부지원 2019.02.21 2018고합228
준유사강간
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (the name, the age of 23) and the artist's panty club.

At around 01:20 on June 24, 2018, the Defendant reported the victims and three members of the pan club, including the victims, and the victims who were divingd in the room at the Dpenta located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and held several kis in mind that they might be raped, put the grandchildren into the brogate, kis, and kis the chest into the panty of the victims, put the grandchildren into the panty of the victims, put them into the kle, and raped.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to a course of the scene of the incident, to the course of the closure and text messages;

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 consideration shall be made again for the reason of sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. In light of the disclosure order and notification order, the proviso of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempt from the Employment Restriction Order, the proviso of Article 50(1) and the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's age, the risk of recidivism, the type of the crime in this case, the process and consequence of the crime, the seriousness of the crime, the disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the employment restriction order, the effect of preventing sex crimes that can be achieved thereby, the victim protection, etc., the defendant's personal information is disclosed and notified or the defendant's personal information is not required to be registered and the crime of the crime subject to registration shall be convicted of the defendant.

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