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(영문) 춘천지방법원 원주지원 2015.02.26 2014고합80
강간치상
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

On December 6, 2013, at around 23:30, the Defendant: (a) retired, under the influence of alcohol, the part of the part of the victim G (L, 35 years of age) under the influence of alcohol from the room in which the toilets of the second floor of the Fpention building E are attached; and (b) had sexual intercourse with the victim for about six months, thereby suffering from injury of stress after the credit required for treatment for about six months.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the condition of the victim's mental disorder and has suffered injury to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness G and each legal statement of the witness H, I, J, K, L, and M;

1. Investigation reports (verification and attachment of important evidentiary materials submitted by a victim), hearing records, summary of recording materials, and preparation of a recording record;

1. Application of Acts and subordinate statutes to medical certificates issued on August 22, 2014, medical certificates issued on January 20, 2014, and medical certificates issued on January 20, 2014

1. Article 301, 299, or 297 of the Criminal Act applicable to the crimes and Articles 301, 299, or 297 of the Criminal Act;

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. Determination as to the assertion of the defendant and his/her defense counsel in light of the following: Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; 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 fact that the defendant has no same kind of crime and has no contingent force to the defendant; the defendant is highly likely to recommit sexual crimes in light of his/her social and family relationship; and the defendant's age, occupation, family relationship, disclosure and notification orders are taken into account the defendant's age, job, anticipated side effects, etc.

1. The defendant;

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