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(영문) 춘천지방법원 원주지원 2016.09.28 2016고합36

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

On January 17, 2016, from around 01:00 to 02:00, the Defendant, at the D frequency of the Defendant’s operation of the Defendant located in C, 3 days after commencing part-time work at the D frequency of the Defendant’s operation, provided the Victim E (n.e., 22 years of age) and a meeting, and the Defendant, while drinking alcohol, had the victim off the clothes of the victim who was drunk, and had sexual intercourse once with the victim.

Accordingly, the defendant had sexual intercourse with a victim who is in a state of non-competence by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E;

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 Protection and observation, community service, and the Punishment, etc. of Sexual Crimes;

1. In full view of all the circumstances such as the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism, the details and motive of the crime, the method and consequence of the crime, and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by the disclosure or notification order of this case, the prevention of sexual crimes subject to registration and the effect of protecting the victim, etc., under the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Child Sex Protection Act [the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism recognized as recorded in the record (no record of such crime)], the disclosure of the Defendant’s personal information may not be notified.

In the event that this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is a competent agency pursuant to Article 43 of the same Act.