beta
(영문) 창원지방법원 2013.10.10 2013고합182

준강간치상

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 02:00 on May 4, 2013, the Defendant, while drinking with the victim E (the 35 years old and the 35 years old and drinking at a D club located in Seongbuk-gu, Changwon-si, Changwon-si, had the victim had the intention to have sexual intercourse with the victim who has lost his mind of drinking.

The Defendant: (a) took the two arms of the victim; (b) the victim’s name is unknown; (c) around 05:00 on the same day, took the victim’s two legs; (d) G hotel 817 room located in Seongbuk-gu, Sungwon-si, Sungwon-si; and (d) returned the said club water; and (e) took sexual intercourse once with the victim.

In this process, the defendant raped the victim using the state of impossibility to resist, and suffered injury to the victim in the course of treatment, such as an influence and injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and H;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the submission of medical certificates and medical reports);

1. Relevant Articles of the Criminal Act and Articles 301 and 299 of the Criminal Act concerning the crime;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order after Completion (wholly amended by Act No. 11556, Dec. 18, 2012)

4. In light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's mistake and reflects his/her own mistake, the defendant committed the instant crime by contingently in his/her drunken, and the defendant did not have the same criminal record, it is difficult to see that there is a risk of recommitting a sexual crime, and therefore, there is a special circumstance that should not disclose and notify personal information.) If a conviction becomes final and conclusive on the instant criminal record, the defendant shall be a sexual crime.