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(영문) 춘천지방법원 원주지원 2020.06.11 2020고합27
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

The defendant and the victim B (the age of 20) are between two years and two.

On December 30, 2019, between 03:00 and 04:00 on the same day, the Defendant accumulated the following parts of the Victim C building, and the Victim’s knife, who was in a bed to the bed by his own knife of his own knife, exceeded the Victim’s panty and knife, and knife the Victim’s knife on the Defendant’s bridge, knife the Victim’s bridge with the Defendant’s body, knife the knife the knife of the Victim’s body, and knife the Victim’s knife the knife, knife the knife, knife the knife, and knife the knife., followed the Victim’s will against the Victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of B and E;

1. A complaint;

1. Application of the Kakao Stockholm message legislation

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

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 information; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); the Defendant has no record of criminal punishment; the Defendant’s personal information registration against the Defendant; taking lectures in the treatment of sexual assault; and the employment restriction order alone.

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