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(영문) 수원지방법원 안양지원 2015.01.23 2014고합223
준강간치상
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A defendant shall be punished by imprisonment for not less than two years 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 July 22, 2014, the Defendant: (a) around 22:52, at the head of the Dong-gu, the victim D (n, 50 years of age) in Ansan-si, with three the victim’s friendly-gu and the defendant’s friendly-gu and the victim’s body was drunk at around 01:30 of the following day; (b) when the victim’s friendly-gu and the victim was unable to wear the body under the influence of alcohol, it was formulated by putting the victim seated on the floor and putting the victim’s clothes in the state of non-performance under the influence of alcohol; (c) exempted the victim’s chest and her face on the top of the victim’s body; and (d) tried to put the victim’s face into the victim’s body and to put the victim’s body into the victim’s face into the victim’s body so as to avoid sexual intercourse; and (d) tried to put the victim’s body into the victim’s body and to put the victim’s body into the victim’s body into the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A report on the occurrence and an investigation;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 299 of the Criminal Act concerning 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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 of the Criminal Act; the main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 a notification order, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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