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(영문) 전주지방법원 군산지원 2018.08.23 2018고합63

준유사강간등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On April 21, 2018, from around 21:00 to 06:00 the following day, the Defendant d (the name, the age of 32) in the dwelling space of the victim D (the name, the age of 32) of the Gunsan-si building C from around 302 to the dwelling space of the victim D (the name, the age of 32).

At around 12:00 on April 10, 2018, the Defendant discovered the victim under influence of alcohol within the victim’s room, had the victim committed an indecent act against him/her, had the victim committed an indecent act against him/her, and had the victim collected his/her hand by deceiving him/her on his/her own.

The Defendant, at around 18:30 on the same day, she was under the influence of alcohol at the same place, she was placed in the side of the victim, and her panty, her panty, and her fingers.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim’s resistance impossible condition, and committed similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 299, 297-2 (the occupation of quasi-rapes) of the Criminal Act, and Articles 299 and 298 (the occupation of quasi-indecent conduct, the occupation of quasi-indecent conduct and the choice of imprisonment);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments for two similar rapes prescribed by the heavier punishment);

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. Where a conviction becomes final and conclusive with respect to each sex crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

There is no record of sexual crimes against the defendant exempted from an order to disclose personal information, an order to notify, and an order to restrict employment, respectively.