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(영문) 서울북부지방법원 2015.11.27 2015고합176

준강간

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 16, 2014, around 06:38, the Defendant intending to smoke tobacco like the victim E (at 19 years of age) in front of the convenience store located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and got the victim to the Defendant’s house located in the above F.

At around 07:00 on September 16, 2014, the Defendant, while smoking tobacco with the victim at the front room of the above Defendant’s house and communicating with the victim, had been difficult due to night sampling work on the preceding day, had knee in order for the victim to have sexual intercourse by using the victim’s failure to resist, having knee, having taken the victim’s knee and knee, having knee in a panty to put the finger into the part of the victim’s knee, having kne in a kne, and continued to put the victim’s kne in the part of the victim’s kne, and having kneed the victim’s kne in a kne, had the victim’s kne in a kne, and had the victim kned, had the victim kned with the victim’s kne.

Accordingly, the Defendant had sexual intercourse once by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. The first police interrogation protocol against the accused;

1. Each police statement of E;

1. Each request for appraisal and written appraisal;

1. Application of Acts and subordinate statutes to report internal investigation (related to the details of the G in which victims and suspects exchange with each other), report internal investigation (related to the results of diagnosis and treatment of the victim hospital), investigation report (referring to the results of examination and treatment of the

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 1 of the Criminal Act (The following consideration among favorable circumstances among the reasons for sentencing):

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

4. 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 a 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 shall be past.