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(영문) 창원지방법원 마산지원 2014.10.29 2014고합72

준강간

Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

At around 04:00 on December 12, 2013, the Defendant, while drinking alcohol together with the victim E (nex, 22 years of age), was on duty with the Defendant’s house located in the same Gu F, was on duty with the Defendant’s house located in the same Gu F, and was sexual intercourse once by putting the Defendant’s sexual organ into the part of the victim’s room.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing on the grounds of sentencing, in light of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; and (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the relationship between the defendant and the victim; (c) the background of the crime; and (d) the Defendant has no record of any other sex offense, etc., it is difficult to readily conclude that the Defendant has a risk of re-control against an unspecified person solely on the sole basis of the record. In addition, considering the Defendant’s age, motive for the crime; (d) the process and consequence of the crime, etc., the disadvantage and side effect of the Defendant

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

2. Application of the sentencing criteria: Imprisonment of 2 years and 6 months to 5 years (the decision of a sentence) shall be based on the general standard of rape (the person who is at least 13 years of age).