beta
(영문) 수원지방법원 여주지원 2016.09.08 2016고합44

준강간등

Text

A 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

【2016Gohap44】

1. The Defendant, who served as a skiing instructor in the “C” located in Gwangju City, became aware of the victim as he/she became aware of around January 20, 2016.

At around 22:30 on February 3, 2016, the Defendant, at the “F” restaurant located in Ischeon-si E, had the victim drink with the victim, and had the victim lodge in the night room, and had the victim have sexual intercourse with the victim when the victim was on board at the top of the steering line of G TraXG passenger car, was willing to have sexual intercourse with the victim. On the following day, at around 00:00, the Defendant stopped on the side of the road in front of the International Corporation located in Gwangju-si, Gwangju-si, and had sexual intercourse with the victim by putting his sexual organ into the part of the victim’s drinking.

【2016Gohap55】

2. On June 2, 2016, around 18:30, the Defendant, without obtaining a driver’s license, driven a GTXG car on a road of approximately 1.5 km on the 34 km in front of the “Yinjin”, which was not covered by mandatory insurance, at approximately 1.5 km.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Requests for appraisal;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 299 and 297 of the Criminal Act (the point of quasi-rape), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without a license, the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 46 (2) of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance, and the choice of

1. Of concurrent crimes, the punishment shall be aggravated within the scope prescribed by the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation within the scope of the sum of the maximum periods of the crimes concerning quasi-rape which are the largest

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

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

1. Exemption from any disclosure order and any notification order: