logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.03.25 2014고합906
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

Although the Defendant was married with the Victim C (Inn, 47 years of age), a divorce conciliation was concluded on August 5, 2014 (in February 16, 2015) in a divorce litigation case filed by the victim against the Defendant.

On June 21, 2014, at around 06:00 to 07:00, the Defendant returned home to the Defendant’s residence in Gyeyang-gu Incheon Metropolitan City D apartment 3rd 103 dong 1001, and went home to the Defendant, who was his spouse at the time, was frighted to a small room with the victim, and got off the victim’s clothes, and frighted off the victim’s chest with one hand, and frighted the victim’s chest with one hand.

The defendant continued to attract the victim to the inside, and let the victim take the bridge of the victim who refuses to complete the course of the course of the course of the course of the course of the course of the course of the course of the operation of the victim, and turned the chest of the victim into his hand.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of inspection and statement of the victim C;

1. Medical records for victims of sexual assault;

1. The application of the Acts and subordinate statutes to letters, photographs and images sent by the victim;

1. Article 297-2 of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following grounds for sentencing shall be considered as favorable circumstances):

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (The following grounds for sentencing have been repeatedly considered as favorable circumstances);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, 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 [the age, family environment, relationship with the victim, social relationship with the victim, criminal record and the risk of recidivism (no record has been punished for sexual assault crimes), circumstances after the crime (the fact that the defendant agreed with the victim, and other circumstances expected by the order to disclose or notify this case.

arrow