beta
(영문) 창원지방법원 2015.12.03 2015고합138

준강간

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant and the victim C(n, 19 years of age) are those who were aware of while working together as an employee of the E main office located in Seongbuk-gu, Changwon-si.

Around 05:00 on January 25, 2015, the Defendant: (a) completed the above drinking service with F, who is another employee of the victim and the above drinking point; (b) on the same day, F purchased 2 illness at the neighboring convenience store for the more drinking time with the victim, first purchased 2 disease at the victim's her home at the neighboring convenience store; and (c) led the her to the Gelto located in Masan-si D.

At around 11:00 on the same day, the Defendant discovered the fact that the victim, who had a toilet in the above telecom, was locked at the above telecom, had sexual intercourse with the victim, and had sexual intercourse with the victim by taking advantage of the state where the victim did not resist by diving, and by taking advantage of the state where the victim did not resist by diving.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each police statement of the victim C (excluding the part against the defendant)

1. A voice recording or video CD;

1. Application of Acts and subordinate statutes to investigation reports (to attach voice-recordings and video CDs);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances 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;

1. In full view of all the circumstances, such as the Defendant’s age, occupation, family environment, criminal record, and risk of re-offending (no same criminal record) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Article 47(1) and Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [it is deemed that there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified, taking into account the following: the Defendant’s age, occupation, family environment, criminal record, and the risk of re-offending (no same criminal record); the benefits and the effect expected from the disclosure order or notification order