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(영문) 광주지방법원 순천지원 2018.01.11 2017고합265

준강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 a “D” room located in C at all times, and the victim E (n, 21 years of age) was a person who worked in the above PC room from about two months before the victim E.

On October 6, 2017, at the main point of “G” located in F, around the new wall, the Defendant: (a) returned home in the instant PC room, the Ha and the victim, and drinking alcohol; (b) returned home to the victim, the Ha and the Ha; (c) went home to the victim, and (d) went back to the “J” room located in I at the time of drinking and riding a taxi; and (c) went back to the victim, and (d) went back to the above 201 heading room.

On October 6, 2017, the Defendant continued to 09:15 around 09:15, the Defendant saw the victim to sit on the bed with the bed with the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the people

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Application of statutes to the contents of conversations through on-site evidence photographs, CD-recording video recording materials, and K;

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, such as an order to attend lectures, protection and observation, and the punishment

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 fact that the accused has no record of being punished for a sexual crime, the relationship with the victim, the background of the crime in this case, the age, environment, family relationship of the accused, etc.;