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(영문) 의정부지방법원 2015.04.16 2014고합436

준강간

Text

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

An order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 03:00 on August 3, 2014, the Defendant: (a) committed sexual intercourse with the victim E (here, 26 years of age) in the family room of Dpentagion No. 2 located in Gyeonggi-gun C, and (b) performed drinking at one’s own room with five persons, and (c) the victim diving returned to the room of each person, and (d) followed the victim, who was diving, once again into the above room, was raped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against victims E;

1. A written statement;

1. Requests for appraisal;

1. Application of statutes on site photographs;

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

1. The reason for sentencing in full view of various circumstances, such as the disclosure order and the effect and side effect expected by the disclosure order of this case and the disclosure order of this case, and the disadvantage and side effect of the notification order, etc., the defendant's personal information should not be disclosed or notified (it is deemed that there are special circumstances that should not be disclosed or notified)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Application of the sentencing criteria [the range of recommending punishment] general criteria for sex offenses: The basic area (the general area of quasi-rape) of the first type of the crimes of rape (the persons aged 13 or older) (the persons aged 13 or more) (the special area of the crime of rape shall be from June to 5 years);

3. Determination of sentence: The crime of this case committed in two years and six months in prison, where it is clear that the victim would feel a considerable sense of sexual shame, and the husband of the victim who observed the crime of this case also suffered a considerable amount of mental shock, and the victim is also the victim.