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(영문) 창원지방법원 통영지원 2017.05.18 2016고합96

준강간

Text

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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the team leader of Samsung Heavy Industries Cooperation Co., Ltd., and the victim D(M, 25 years of age, 25 years of age) will be employed by C.

On April 4, 2016, at around 23:00, the Defendant, while drinking alcohol together with the victim from F 303, a residence of the victim E at around 23:03, the Defendant, who was under influence of alcohol, went off the victim’s her will and panty, and had sexual intercourse once by inserting her sexual organ into the victim’s negative part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the impossibility of resisting the victim's consciousness.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Statement made by the witness I in the second public trial protocol;

1. Statement made by the police with respect to D;

1. Statement and analysis opinion of I;

1. Letters and written agreements;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to arrest and report the occurrence of the case, to report an investigation (to refuse to detect any false language), and to report an investigation (to listen to police officers' statements called at the time of the case);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for a favorable reason):

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (the Defendant has no record of being subject to criminal punishment for committing a sexual crime before committing the instant crime, and the Defendant’s personal information registration and attending lectures for treatment of sexual assault can expect the effect of recidivism to a certain extent.

There is a criminal offense against the defendant, unlike in the case of a sexual crime.

The disclosure order or notification order of this case has no evidence to be determined by the person, etc.