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(영문) 전주지방법원 2018.03.30 2018고합7

준강간

Text

A defendant shall be punished by imprisonment for two years.

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

The Defendant and the victim C (the age of 25) indicated that the victim would have suffered from loan fraud from male-parents who had died before towing,” and that the Defendant and the victim C (the age of 25) came to know by communicating the victim.

On November 18, 2017, the Defendant told the victim about the above loan fraud case to the effect that there was a defect in talking about the above loan fraud case. On the same day, the Defendant became the victim in the vicinity of the Felel located in Seojin-gu E prior to the same day.

Around 00:20 on November 19, 2017, when the Defendant, along with the victim, 2 in a convenience store, she had been drinking alcoholic beverages by entering the above her mouth room, 00:20 on the part of the victim, she had already been drinking alcoholic beverages on the part of the victim while drinking alcohol on the sprink, and she had the victim’s body covered the victim’s clothes, and added his sexual organ into the part of the victim’s drinking room.

Accordingly, the Defendant, under the influence of alcohol, had sexual intercourse with the victim who is in a state of mental or physical loss or incompetence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaints, medical opinions, requests for appraisal and response to requests for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (the list Nos. 5 through 9 of evidence);

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that the defendant had no record of criminal punishment for sexual crimes previously committed, the defendant has no record of being subject to criminal punishment for sexual crimes, the registration of personal information of the defendant, and the lectures to