beta
(영문) 의정부지방법원 2017.05.17 2016고합555

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

On September 25, 2016, the Defendant, at around 05:00, around South-si, Namyang-06:00, and around 104, performed drinking together with the victim E (the age of 30) who lived with the female living together.

The Defendant, by taking advantage of the cresh in which a female living together was locked and locked in a ward, breathed into the inner clothes of the victim, her breast, her chest, off the victim’s boom and clothes, and had sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement of reference witnesses by the prosecution concerning E;

1. Each response to a request for appraisal;

1. Medical records for victims of sexual assault;

1. Application of the Act and subordinate statutes to a copy of the F dialogue between the victim and the offender;

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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons 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) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered 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 (the Defendant has no record of punishment for any sexual crime other than the instant case, and the Defendant is expected to have an effect of preventing recidivism to a certain extent through an order to attend the lecture for treatment of sexual assault imposed in the instant judgment, and the Defendant is again expected to have an effect of preventing recidivism in light of