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(영문) 인천지방법원 부천지원 2015.05.29 2015고합30

준강간

Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On December 22, 2014, at around 07:30, the Defendant: (a) applied the victim D (hereinafter referred to as 21 years of age)’s stitts with the victim’s chests; (b) went off the victim’s panty and panty; and (c) has sexual intercourse with the victim’s panty part of the victim’s panty.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (requesting for appraisal of the National Institute of Scientific Investigation);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (where a conviction becomes final and conclusive based on the Defendant’s age and occupation, type and motive of the crime; the process and consequence of the crime; the existence of the same power and the risk of repeating the crime; the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order and notification order; and comparative balancing between the expected effects and expected profits of the sexual crime subject to registration, the Defendant shall not disclose or notify the Defendant’s personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.