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(영문) 대전지방법원 2018.06.21 2018고합100

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 is between the victim C (V, 21 years old) and the male-child arrest D and the middle school from the middle school.

On September 16, 2017, at around 03:0, the Defendant, while under the influence of alcohol with the victim in Seo-gu E 303, Seo-gu, Daejeon, Seo-gu, Daejeon, D around September 16, 2017, was divingd in the victim’s inner bed, and around 11:00 on the same day, the Defendant sent the victim’s bar and clothes fright to the victim’s bed and inserted into the victim’s inner bed.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's resistance impossibility condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Application of the CD-related Acts and subordinate statutes to telephone communications;

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 shall be considered for 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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

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 Children and Juveniles against Sexual Abuse (the disclosure or notification order of personal information may have a significant impact on the defendant; the defendant has no record of sex offense; the crime of this case is not intended for an unspecified number of victims; and the defendant's age, occupation, family environment, social relationship, etc. can prevent recidivism only by registering personal information of the defendant and taking lectures to treat sexual assault;

In full view of the fact that there are special circumstances in which disclosure of personal information of the defendant should not be disclosed.

The reason for sentencing

1. The scope of punishment by law: Imprisonment for one year;