beta
(영문) 부산지방법원 동부지원 2016.01.08 2015고합178

준유사강간

Text

A defendant shall be punished by imprisonment for one year.

To order the accused to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant and the victim C (n, 19 years of age, 19) are the relationship between the Defendant and the victim and the female employee in the "E cafeteria" located in Busan Southern-gu D.

On August 22, 2015, at around 05:00, the Defendant drinked alcoholic beverages with the victim, etc., she considered that the victim she was locked on the table of the cafeteria under the influence of alcohol, and that she was able to hold his/her fingers with the victim’s clothes, and she was off his/her breasts and frights, and she was able to hold his/her fingers with the victim’s mouths.

As a result, the Defendant committed a quasi-Rape crime against the victim in a state of non-competence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation Report - With respect to video CCTV investigations, an investigation report (in relation to the on-site investigation) and the application of field photograph laws and regulations shall apply.

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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. Taking full account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (no one has been punished for a sex offense until now; and (c) the instant crime is not a sexual crime committed against a large number of unspecified women, which caused similar rape in the course of drinking with the victim who was employed as an employee; and (d) the completion of the Defendant’s personal information registration and sexual assault treatment program, which alone appears to have the effect of preventing recidivism, there are special circumstances under which disclosure of the Defendant’s personal information may not be disclosed.

3) Grounds for sentencing

1. Imprisonment with prison labor for not less than one year but not more than 15 years;

2. Application of the sentencing criteria (a type of determination), sex crimes, general standards, and