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(영문) 대구지방법원 2016.07.15 2016고합115

준강간

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

(e).

Reasons

Punishment of the crime

On September 27, 2015, the Defendant drinks alcohol together with the victim D (the age of 22) at a drinking house where the trade name in Daegu Suwon-gu C cannot be known, on September 27, 2015.

While the victim was under the influence of alcohol, the victim returned to the house of the victim who was in the vicinity of the alcohol house, and the defendant returned to the house of the victim on September 28, 2015 on his own around 04:30.

At the same time, the defendant, at the victim's home, exceeded the right panty and panty of the victim under the influence of alcohol and had sexual intercourse once with the victim.

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. Partial statement of the defendant;

1. Statement made by the prosecution with regard to D;

1. Investigation report (Submission of a photograph of the contents of E dialogue);

1. Application of Acts and subordinate statutes to report internal investigation (the F phone statement for a witness);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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

1. In light of the circumstances indicated in the records of this case, such as the background of the crime, the relationship with the victim, the relationship with the victim, the criminal record (no record of the sex crime) and the circumstances after the crime, etc., there is a risk of recidivism or recidivism of a sexual crime against the accused, in light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order; the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse;

In light of the degree of exercise of the instant tangible power, Defendant’s age, sexual conduct, family environment, and social relationship, etc., in full view of all the circumstances, including the fact that an order to register personal information and attend a lecture for treatment of sexual assault appears to have the effect of preventing recidivism and protecting juveniles from sexual crimes, there is a special circumstance that may not disclose or notify Defendant’s personal information.

[Determination]

The establishment of the crime of rape is established.