준강간
Defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
On May 30, 2012, at around 05:10, the Defendant: (a) moved the victim into the parking lot of the building in the Busan Suwon-gu, Suwon-gu, Busan, by taking advantage of the victim’s resistance impossibility status, and (b) had sexual intercourse once with the victim under the influence of alcohol within the said vehicle, by taking advantage of the victim’s resistance impossibility condition.
Accordingly, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s “incompetence” condition in the case of loss of mental or physical capacity or indictment by the victim.
Although it is stated, it means a case where psychological or physical resistance is impossible due to reasons other than loss of mind and body, and if the victim was diving, it cannot be viewed as a state of mental or physical loss (see Supreme Court Decision 2001Do3490, Sept. 14, 2001) and even if it is added, it shall be added ex officio without changing the indictment, since it is judged that there is no impediment to the exercise of the defendant's right to defense.
Sexual intercourse was made by taking advantage of the impossible condition of resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Each police and prosecution report (Evidence Nos. 4, 10, 11, 15, 18, 25, 26);
1. Complaint;
1. Application of Acts and subordinate statutes, such as a response to requests for appraisal, DNA CCTV photographs, etc., as a result of the DNA identity verification data search, surrounding photographs, etc.;
1. Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts
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 text of Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same) and the Addenda to the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1