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(영문) 전주지방법원 2018.10.19 2018고합193

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2018, the Defendant: (a) around 04:30, the third string of the strings located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and (b) reported that the victim D (the victim’s name, 32 years of age, and leisure) is locked under the influence of alcohol; (c) raised the victim’s name and the brue of the victim’s chest with 2:3 times after the booming the brue with the victim’s finger, and had sexual intercourse once by inserting the victim’s panty and panty with the Defendant’s sexual organ inserted into the part of the victim’s sound.

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.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes to each investigation report (the No. 1, 4, 5 of the evidence list);

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 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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 and an order to restrict employment, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse [the defendant has no past record of criminal punishment for sexual crimes, and the defendant's age, occupation, family environment, social relationship, etc. can prevent recidivism even by taking personal information registration of the defendant and taking lectures to treat sexual crimes against him/her;

In full view of the fact that the defendant appears, the disclosure of personal information and the effect of prevention through the disclosure and notification order, and the degree of disadvantage and anticipated side effects of the defendant's admission, etc., the defendant shall be ordered to disclose personal information and the restriction on employment.