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(영문) 수원지방법원 여주지원 2017.08.24 2017고합33

준강간치상

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant and the victim C(n, 21 years old) are as between September 1, 2016 and September 11, 2016, when the defendant and the victim were employed as employees together in the D's clothes store located in the city of leisure.

From September 25, 2016, the Defendant, from around 20:00 on September 25, 2016, had the victim drinked with the victim from “F main points” and “G main points” in E and had the victim had the intent to have sexual intercourse with the sobrier.

On September 26, 2016, the Defendant, while drinking around 00:30 on September 26, 2016, moved a victim who was unable to properly hold his body into the taxi, to the Iel located in Ischeon-si H, she was working for the victim, and her 208 heading room.

The Defendant continued to be off the clothes of the victim, inserted his sexual organ into the body of the victim, and had sexual intercourse with the victim’s sexual organ, and suffered from the victim’s heat in which the number of days of treatment cannot be ascertained.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition, and caused the victim's injury in the process.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police and prosecutor with regard to C;

1. Medical certificates, certificates of medical records, and medical records (including CDs);

1. Photographss, one copy of the CCTV CCTV, and J-si box photographs by cutting down the Iel CCTV screen;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Articles 301 and 299 of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of criminal punishment for sex crimes, and the personal information of the defendant, and the registration of personal information of the defendant.