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(영문) 광주지방법원 2020.08.14 2020고합66

준강간

Text

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

The Defendant created a group of “road” (hereinafter referred to as a “meeting”) in the mobile game called “A” (the name, leisure, age 26), 5 and 6 months, and “C” (hereinafter referred to as “C”) and became aware of the fact in the course of engaging in the game.

The defendant and the victim, together with other members of the group, have been dnicked by the two-lanes of the two-lane 4 disease together with the other members of the group, at the cafeteria of satisfaction house in Gwangju Northern-dong, one-lane 6 illness per week, and move to another place.

After the completion of the drinking place, the victim became his house together with the defendant.

around 04:00 on August 28, 2019, the Defendant: (a) entered the Defendant’s house located in the D apartment E of Gwangju Northernbuk-gu, with a small room where the victim was self-employed; (b) had been divingd in the state of failing to resist due to alcohol, and rape once by sexual intercourse with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police investigation report to the victim on the statement of the victim (the defendant and the victim's Kakaxe) and investigation report (related to the results of the response by the Seoul Scientific Investigation Institute DNA Research Institute);

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

4. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 defendant has no record of criminal punishment for a crime of the same kind, and there is no record of criminal punishment for a crime of a similar kind except for a crime of a fine of 300,000 won due to a crime of spreading obscene materials, and the crime of this case is not limited to an unspecified number of victims.