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(영문) 청주지방법원 2017.09.01 2017고합99

준강간등

Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On December 20, 2016, the Defendant: (a) while drinking alcohol with the Defendant’s home located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Sin-si, the Defendant Ma and Ma, and the Defendant’s victim F (the name, the leisure, and the age of 20) who was sexually friendly by drinking the said E while drinking it; and (b) the victimized person was able to go to a nearby mother.

At the time of Cheongju, the victim was engaged in “Hel” in the Gu, Seo-gu, Seo-gu, Cheongju, and the victim was off from the body of the victim, who was under the influence of alcohol, and was in sexual intercourse with the victim, and the victim was exposed to the cell phone camera of the victim.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss condition, and taken the victim's body against the victim's will that may cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of the Acts and subordinate statutes of Chapter 1 of the video;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 299 and 297 of the Criminal Act concerning the choice of punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of a camera, etc. and the selection of a punishment of imprisonment);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating of concurrent crimes within the extent that the sum of the long-term punishments of the crimes of quasi-rape heavier than the punishment prescribed by the said Articles is added);

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to 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 Defendant has no record of being punished for sexual crimes before committing the instant crime, and the disclosure and notification of personal information against the Defendant.