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(영문) 의정부지방법원 고양지원 2015.08.28 2015고합46

준강간

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 the relationship that he has become aware of through the victim C (nive, 20 years of age) and the hosting ceremony.

At around 03:20 on December 6, 2014, the Defendant had the victim feel hye and had sexual intercourse once with the victim who was locked under the influence of alcohol from Emoto 102, Emoto. D.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as internal investigation reports;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; 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 defendant has no record of criminal punishment; the defendant recognizes the crime of this case and reflects his/her wrongness. In full view of the circumstances of this case, the risk of repeating the crime of this case, and the disadvantages and side effects of this case are expected to be greater than the benefits and effects expected by the Disclosure Order or Notification Order, if a conviction becomes final and conclusive on the facts constituting a crime subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of recommendations according to the sentencing guidelines (determination of types), general standards, the crimes of rape (subject to at least 13 years of age), the first category (general rape), the area of non-compliance with the recommendations and recommendations.