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(영문) 수원지방법원 안양지원 2014.12.05 2014고합183

준강간

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2014, around 05:50 on June 19, 2014, the Defendant, like the victim C (n, 20 years of age), administered alcohol together with Embel 301 located in Mana-gu, Mana-gu, Mana-gu, Mana-si, and the victim was under the influence of alcohol, and had sexual intercourse once with the victim.

Accordingly, the defendant had sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The grounds for sentencing of a criminal defendant's personal information is determined to be disclosed or notified in full view of all the circumstances, including the defendant's age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no criminal record) of a criminal defendant's age, occupation, family environment, social ties, criminal records, and the risk of recidivism, the victim's intention who does not want to be punished, the benefits and preventive effects expected due to the disclosure or notification order of this case, and the disadvantages and side effects of the disclosure or notification order of this case, etc.

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing guidelines (determination of types of punishment), general standards, crimes of rape (subject to at least 13 years of age), types 1 (general rape): Reduction factors of punishment: None of the increased factors of punishment (subject to recommendation range): Imprisonment with prison labor for a year and six months to three years ( mitigated areas);

3. Determination of sentence: Imprisonment with prison labor and one year and six months, and two years of a stay of execution; and