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(영문) 인천지방법원 2018.01.26 2017고합719

준강간등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a quasi-rape (n, 19 years of age) between the victim D and the first victim.

On June 2, 2017, around 23:50 on June 2, 2017, the Defendant got drunk in front of the F building located in the Nam-gu Incheon Metropolitan City E, and went to the 1 motherel located in the Yeonsu-gu Incheon Metropolitan City, which he operated by the Defendant.

Between 00:50 on June 3, 2017 and 01:40 on around 00, the Defendant exceeded the clothes of the victim, who had no consciousness of drinking, and had sexual intercourse with the victim by inserting his sexual organ into the part of the victim.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

2. From June 23:50 to June 3, 2017, the Defendant driven the said vehicle without obtaining a driver’s license from the F Underground Parking Lot located in the Nam-gu Incheon Metropolitan City, to the Iel in the Yeonsu-gu, Incheon, from around 00:50 to around June 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, J, or K;

1. Each gene appraisal report;

1. Report on internal investigation (investigation of victims and the confirmation of suspected vehicles), report on internal investigation (verification of CCTV at the location of occurrence), report on internal investigation (specific person suspected of being suspected), investigation report (to listen to telephone statements: Reporting on the confirmation of the ledger of driver's licenses of suspects), investigation report (to listen to telephone statements):

1. Application of the Acts and subordinate statutes to photographs (L and CCTV on buildings), photographs (Iel CCTV), CCTVs (victims and suspects prior to the occurrence of the case), photographs (the details of account transfer), and photographs (the details of account transfer);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 299, 297, and 152 subparagraph 1 and 43 of the Road Traffic Act (the occupation of quasi-rapes) of the Criminal Act concerning the choice of punishment, and Articles 152 subparagraph 1 and 43 of the same Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating of concurrent crimes within the extent that the sum of the long-term punishments of the crimes of quasi-rape heavier than the punishment prescribed by the said Articles is added);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.