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(영문) 수원지방법원 안산지원 2016.11.25 2016고합73

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 and the victim C(the age of 23) are those who come to know while entering the same church.

On January 13, 2016, the Defendant, at a restaurant located in Ansan-si, Seosan-si, a member-si, drinking alcohol as the victim and singing in a nearby singing room, and the victim was drunk and drinking so that he was unable to properly hold his body, thereby having sexual intercourse with the victim.

At around 23:52 on the same day, the Defendant was able to take the victim under the influence of alcohol with 303 Maurhere in Ansan-si E, and was placed on the part of the victim, went off the victim's kisium and panty, and kisium off the victim's kisium with the victim's kisium, put the victim's kisium into the part of the victim's kis, and inserted the victim's sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim who is in a state of difficulty in drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each gene appraisal report;

1. Application of each statute on photographs;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses

1. Taking into account the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosing or notifying registered information; (b) the proviso to Article 49(1); and (c) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) the Defendant confessions the instant crime and reflects his mistake in depth; (d) the Defendant agreed with the victim only smoothly; and (e) there is no history of criminal punishment for sex crimes, it cannot be readily concluded that the Defendant has