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(영문) 광주지방법원 2017.12.15 2017고합448

성폭력범죄의처벌등에관한특례법위반(특수준강간)

Text

Defendants shall be punished by imprisonment for one year and six months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

On June 18, 2017, at around 06:30, Defendants 204, E in Gwangju Northern-gu, with the first victim F (the name, the fel, and the 25 years of age) of the victim, and the victim was under the influence of alcohol, Defendant B was off the panty of the victim, and Defendant A was off the panty of the victim, and Defendant A was off the part of the victim and the broke, and Defendant A was off the her clothes. Defendant B was off the part of the victim’s chest from the victim’s side, and Defendant B was off the part of the victim’s chest, and Defendant B did not report the fright of the victim to the police and sound the victim in order to see the victim’s sexual organ into the part of the victim’s body.

As a result, the Defendants jointly tried to have sexual intercourse with the victim by using the victim's mental and physical loss or non-recoverable condition.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of Acts and subordinate statutes to a report on internal investigation (in cases of dispatch to the scene);

1. Relevant Articles 15, 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes, Article 299 of the Criminal Act concerning criminal facts;

1. Reduction of attempted punishment: proviso to Article 25 of the Criminal Act and Article 55 (1) 3 of the same Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act for the suspension of execution (The following consideration shall be made repeatedly for 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 against each order to attend education;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including that there is no past record on any sexual crime against the Defendants, and the extent and expected side effects of the disadvantages the Defendants entered due to the disclosure order and notification order, and the prevention of sexual crimes subject to registration that may be achieved therefrom.