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(영문) 광주지방법원 해남지원 2018.01.24 2017고합37

준강간

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

Punishment of the crime

The Defendant, along with C and D, was a person working as safety personnel in the Fwork troke in the Joint-gun E, and the victim G (V, age 21) was a warranty user, and the Defendant, at C’s request, took the same alcohol at the victim’s and female behaviors and at the accommodation of the victimized person.

On August 7, 2017, at around 02:00, the Defendant drinked alcoholic beverages, such as the following: (a) around 02:00, around C, D, the victim, and the victim, which are located in C, C, C, and C, C, and C, C, C, and C, and C, C, and C, and C, and C, the victim had the right to walk at the accommodation, and had the victim had sexual intercourse with the victim, who had the right to walk at the accommodation.

The Defendant, as her course, kiddd against the victim, kiddd against the victim, kidd against the victim’s clothes, kidd against the victim’s chest and panty, cut off the victim’s kids and panty, inserted his sexual organ into the sound part of the victim’s room, added the entrance to the victim’s kids and panty, taken the victim’s kids and kid against the victim’s kids and kid against the victim’s kids and inserted the victim’s sexual organ into the sound part after the victim’s kids.

Accordingly, the defendant has sexual intercourse with a victim who is in an impossible state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and J;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

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 order to disclose or notify the registered information) shall be issued to the accused.