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(영문) 수원지방법원 안산지원 2015.01.30 2014고합322

준강간

Text

1. The defendant shall be punished by imprisonment for three years;

2. An order the accused to complete a sexual assault treatment program for 80 hours;

Reasons

Punishment of the crime

around 00:40 on June 12, 2014, the Defendant, at the main point of “E” located near “D” located in “D” (hereinafter “the main point of this case”), had been drinking alcohol by drinking together with G and the victim H (V, 22 years old) that came to know of the date of the introduction of E and F, and had sexual intercourse with the victim at around 03:40 on the same day with “J” (hereinafter “the main point of this case”). At around 00:40 on the same day, the Defendant, as the victim was under the influence of alcohol, entered the guest room of “J” Moel located in “D” located in “D” (hereinafter “the main point of this case”). At around 00:40 on the same day, the Defendant had sexual intercourse one time with the victim, putting the victim on a bed, and putting all clothes off.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of the witness H;

3. Each prosecutor's office and police statement of H;

4. Application of CCTV video-related Acts and subordinate statutes;

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

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

3. Determination as to the assertion of the defendant and his/her defense counsel in full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification of registered information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant seems to have committed the crime of this case; (c) there is no record of punishment due to sex offense; and (d) other various circumstances indicated in the records, such as the circumstances leading to the crime of this case, Defendant’s age, occupation, family relation, etc., compared to the profits and preventive effects expected by the disclosure or notification order of registered information to the defendant; and (c) any disadvantage and side effect of

1. The summary of the argument is only a sex relationship by agreement with the victim, and the victim is unable to resist.