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수원지방법원 평택지원 2019.08.23 2019고합51

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (n, 21 years of age) and the victim around the time of this case.

Around January 2019, the defendant had a record of clearly refusing sexual intercourse from the victim who was broken off in the locked by inserting a sexual organ with the victim's potential or a locked sexual organ.

On February 6, 2019, at around 13:00, the Defendant, at the victim’s residence in Michuhol-gu Incheon Metropolitan City, had a victim employed as an entertainment receptionist, was drunk, went off from the victim’s panty, locked from the bed, and added the victim’s sex to the part of the victim, thereby having sexual intercourse with the victim by taking advantage of the victim’s state of refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (case of letters submitted by the injured party), investigation report ( telephone conversations D) Acts and subordinate statutes shall apply;

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

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

1. Article 62 (1) of the Criminal Act;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the crime in this case, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3 (1) of the Act on Welfare of Persons with Disabilities: