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(영문) 수원지방법원 2017.08.17 2017고합217

준강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

around 04:05 on March 26, 2017, the Defendant, at the house of the victim D (Inn, Ga, 31 years of age) located in the G lending Co., Ltd. (In this case, the Defendant, together with the victim and the members of the dancing club including the victim, performed drinking and locked at the small room. The Defendant, upon drinking in the toilet, she went to the room, she was sexual intercourse by putting the victim under the influence of alcohol and she was able to report the fright of the victim under the influence of alcohol, and she was sexual intercourse by inserting his/her clothes.

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. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. On-site photographs of the case;

1. Application of the statutes of the response request for appraisal;

1. Relevant legal provisions concerning criminal facts: Articles 299 and 297 of the Criminal Act;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. An order to attend a course: The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order to disclose or notify information: In light of the following: Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the criminal record, family relation, age, occupation; type and motive of the instant crime; the process of the instant crime; seriousness of the crime; the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the order to disclose or notify information; the preventive effect of the sexual crime subject to registration that may be achieved therefrom; and the effect of protecting the victims thereof, there are special circumstances under which the disclosure or notification of

The reason for sentencing

1. Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. The first type (general rape) of the sentencing criteria shall apply to the crimes of rape (at least 13 years of age).