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(영문) 광주지방법원 순천지원 2017.09.07 2017고합164

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 between the victim C (n, 24 years of age) and the middle school Dong-dong.

On June 10, 2017, around 20:00, the Defendant continued to drink with the victim, the victim’s friendship, the Defendant’s backage, and the Defendant’s backage, and continued to drink with the Defendant at the E main point located in D on June 10, 2017, on June 11, 2017, around 06:00, the Defendant transferred the place to Gel 206 at F at the time of drinking.

At around 10:20 on June 11, 2017, the Defendant had lockedly 206, when drinking alcohol as above, and had been willinged to have sexual intercourse with the victim by reporting the form of the victim who was suffering from the original scam above in the diving in the diving.

Then, under the influence of alcohol, the victim's clothes in the victim's body was walking and the victim's sexual organ was inserted into the victim's sound part of the victim's body.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and H;

1. 112 A list of reported cases;

1. Response to a request for appraisal;

1. Application of statutes on site photographs;

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 (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 an disclosure order and an order of notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (including that the accused has no record of punishment for any sexual crime as well as any other crime) and the Defendant’s age, environment, social relationship, disclosure or notification order, and the possible side effect of the Defendant’s disadvantage.