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(영문) 대구지방법원 서부지원 2017.09.28 2017고합102

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 7, 2017, around 22:40 on February 7, 2017, the Defendant, after drinking alcohol at Eel 506 in Seo-gu, Seo-gu, Seo-gu, Gwangju, reported that the victim was drunk to drink and lost his consciousness on the floor, and had sexual intercourse with the victim C (Y, 19 years of age).

Accordingly, the Defendant, after putting the victim on the bed on the bed of the bed on the bed of the bed of the victim, made him disclose the clothes of the bed of the victim's body, and her fingers the fingers into the bed of the fingers and the shots of the victim, and her sexual intercourse with the victim her with her part of the clothes of the bed of the bed.

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. A protocol concerning the examination of suspect of the police in relation to F;

1. Application of the police statement protocol law to C

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Criminal Act (Consideration of the following favorable sentencing grounds):

1. Article 62 (1) of the Criminal Act on the stay of execution (resumed for the following favorable sentencing grounds):

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) 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where the accused has no record on sexual crimes against him/her, the degree of disadvantage and anticipated side effects of the accused’s injury due to an order to disclose or notify, the effect of preventing sexual crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims from such sexual crimes subject to registration, there are special circumstances in which the accused shall not disclose

The reason for sentencing

1. The scope of punishment by law: Imprisonment; and