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(영문) 인천지방법원 2018.07.13 2018고합234

준강간등

Text

A defendant shall be punished by imprisonment for three years.

To order the accused to complete the sexual assault therapy for 40 hours.

Reasons

Punishment of the crime

1. On December 9, 2017, the Defendant: (a) discovered that the victim F (a) was under the influence of alcohol and was unable to grow up in the spirit of the victim on the street near the Eel located in Nam-gu Incheon Nam-gu, Incheon, Nam-gu; (b) and (c) started working for the victim for the purpose of sexual intercourse with the victim; (d) 504.

Accordingly, the defendant kidnapped the victim for the purpose of sexual intercourse.

2. Around 05:15 on December 9, 2017, the Defendant: (a) was engaged in the business of the victim under No. 504, as indicated in paragraph (1), and was laid off from the victim’s bed; (b) was her part of the victim’s bed by drinking, and was her part of the victim’s chest and part of the sound; (c) was her part of the victim’s chest and part of the sound; (d) was her part of the victim’s bed by hand; and (e) the Defendant’s sexual organ was inserted into the victim’s negative part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with respect to F;

1. Each investigation report (the result of a request for the analysis of CCTV images and comparison and appraisal by DNA);

1. Application of the statutes of the response request for appraisal;

1. Article 288 (1) of the Criminal Act applicable to the crime (the point of kidnapping sexual intercourse) and Articles 299 and 297 of the Criminal Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up the long-term punishment of the above two crimes) ;

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

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, environment, social ties, family relationship, and the Defendant’s history of punishment for sex crimes are nonexistent and thus, the Defendant’s personal information and the order to attend a lecture for treatment of sexual assault can prevent re-offending can be prevented.