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(영문) 수원지방법원 2017.09.07 2017고합370

준강간등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, from around 19:00 on April 6, 2016 to around 19:0, went to the residence of Seocho-gu Seoul Metropolitan Government G and E at around 04:00 on April 7, 2016 to drink alcohol at a university motive group, together with the college motive E, with the college motive E and the victim F (the age of 27).

The defendant, E, or the victim dice together with the above officetels, and thereafter E and the victim were locked.

The defendant, who is under the influence of alcohol, had sexual intercourse with the victim who was under the influence of alcohol.

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

2. The Defendant, on April 7, 2016, committed an indecent act by force, at around 10:00, in the instant officetel, “I would not drink a large number of drinking water” against the victim, and committed an indecent act by deceiving the victim’s chests and the part of the victim’s chests by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police concerning F;

1. Response to a request for appraisal;

1. Application of the statutes governing Defendant’s text messages and text messages sent by the complainant, E and Defendant;

1. Relevant Articles 299 and 297 of the Criminal Act concerning the facts constituting an offense, and Article 298 of the Criminal Act concerning the choice of punishment (the point of forced indecent act and the choice of imprisonment);

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 (aggravating of concurrent crimes within the extent that the punishment is aggregated with the long-term punishment of each of the crimes punishable with heavier quasi-rape);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.