beta
(영문) 대구지방법원 포항지원 2017.07.06 2017고합27

준강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 2, 2017, the Defendant used a room toilet No. 1 within the aforementioned main point in the name of “D” located in North-gu C, North-gu, and underground 1st century on April 2, 2017, according to the direction of the business owner of the said main point, and attempted to detect the victim E (n, 42 years of age) (n, 42 years of age) who was under the influence of alcohol at the instant main point and to rape the victim.

After the victim was suffering from the victim's suffering from the victim's suffering, the defendant applied the victim's suffering from the victim's suffering, exceeded the panty and panty of the victim, and sexual intercourse with the victim once.

Accordingly, the defendant had sexual intercourse with the victim by taking advantage of the victim's mental and physical loss, who was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, E, and G;

1. Investigation report on photographs at the scene of the report on rape, investigation report (report on the mental and physical condition, etc. of victims at the scene of the report on rape), investigation report (as to the attachment of photographs and video images after cutting off theCCTV), investigation report (as to the suspect's escape record), investigation report (to hear the statement of the victim), and response to each request for appraisal;

1. Application of the Acts and subordinate statutes governing CCTV images with respect to each crime scene photographs, CCTV screen pictures by cutting down a CCTV screen, and CCTV screen pictures with D main points;

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 to mitigate small amount;

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

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the fact that the defendant has no record of punishment for a sexual crime), and the defendant’s age, family environment, social relationship, the degree of risk of recidivism, and the disclosure order of this case.