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(영문) 수원지방법원 2016.06.02 2016고합216

준강간

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 4, 2016, the Defendant had become aware of the Victim F (the name, the age of 19) with the same fee, working as an employee in the E E E E E E E E E E E E E E E E E E E E E E E E E EM in the wife population C.

At around 03:30 on April 11, 2016, the Defendant, when drinking alcohol with the victim’s accommodation G 403 heading room in the city where the victim was living together with H working in the above Lestop as the friendship of the victim and the Defendant’s friendship with the Defendant. The Defendant, first, was suffering from entering the toilet where the victim met the Defendant who tried to have sexual intercourse with the victim in diving, first, and then, the Defendant exceeded the victim’s will and panty by taking advantage of the victim’s resistance impossible condition where the victim was divingd, and had sexual intercourse with the victim by inserting the Defendant’s sexual organ into the part of another victim’s body located above the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution or police investigation of H, respectively;

1. Application of the F to the Acts and subordinate statutes in the prosecutor's statement protocol;

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

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Comprehensively taking into account the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, and social relationship; (c) details, circumstances, and outcome of the instant crime; (d) the prevention of sexual crimes subject to registration that may be achieved due to disclosure and notification orders; and (e) the effect of the protection of victims of sexual crimes subject to registration; and (e) the degree of disadvantage and anticipated side effects of the Defendant’