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(영문) 대전지방법원 2019.07.18 2019고합26

준유사강간등

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On September 12, 2018, at around 19:00, the Defendant d (here) who was first considered in the old world C in Daejeon-gu, Daejeon-gu, and d) d (here in a conversation, and d) d (here in a nearby “E”). The Defendant d) d (here in a speech and drink at a nearby “E”).

At around 20:58 on the same day, the Defendant, while under the influence of alcohol, went to a female toilet with the first floor of nearby FIC, was drunk, and was drunk in the above toilet column, and was influenced with the Defendant’s fingers repeatedly in the victim’s sexual intercourse.

Although the victim tried to insert his or her sexual organ into the victim's sexual organ during the period of the victim's sexual organ, the victim's place was narrow so that the intent was not achieved.

In this regard, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of non-fluence or non-fluence.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the interrogation records of the accused in the prosecution's protocol on the accused's legal statement;

1. Records of seizure, list of seizure, list of cases to be reported, list of cases to be handled and table of requests for appraisal;

1. A report on internal investigation (FIS, CCTV image verification), investigation report (the amount and volume of drinking alcohol that the injured party uses) and internal investigation report (the investigation of the FIS's newly made report);

1. Application of the Acts and subordinate statutes governing field photographs, a frhy CCTV-cape photographs, E CCTV-cape photographs, and CCTV image USB;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

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; the Defendant has no record of criminal punishment for sexual crimes; the Defendant’s personal information registration against the Defendant; and the completion of sexual assault treatment programs can be seen as having the effect of preventing recidivism by the Defendant.