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(영문) 수원지방법원 2017.11.30 2017고합570

준강간

Text

Defendant shall be punished by imprisonment for not less than three years and eight months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

From January 2016, the Defendant is in an internal relationship with C, and the victim D (the age of 21) is the friendship of C.

On March 18, 2017, at around 04:00, the Defendant, at the victim’s residence in Pyeongtaek-si E, laid off the clothes of the victim who grepted with the victim, and gred the victim’s clothes, fladdled the victim’s chest, and fladd the flad in the victim’s sound book.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental and physical loss or non-recoverable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the data to take a course of eachF conversation, victim non-recording photographs and recording records;

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

1. Order to complete a program: 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 full view of the Defendant’s age and environment, the type, motive, process of each offense, results, and seriousness of each offense, relationship between the Defendant and the victim, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the order to disclose or notify, the preventive effect of any sexual crime subject to registration that may be achieved, the effect of preventing the sexual crime subject to registration, the protection of the victim, etc., there are special circumstances that may not disclose or notify the Defendant’s personal information;

I think)

Reasons for sentencing

1. Three years to thirty years from the imprisonment with prison labor for a prison labor within the scope of punishment by law; and

2. Application of the sentencing criteria [Scope of Recommendation] General Criteria for the crimes of rape (subject to at least 13 years of age). The basic sphere of the crimes of rape (general rape).

3. The crime of this case by which the defendant had sexual intercourse under the influence of alcohol with the victim who is his/her father and female, and the details and method of the crime.