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(영문) 부산지방법원 2019.10.04 2019고합316
준강간
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1. The defendant shall be punished by imprisonment for a period of one year and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Around January 20, 2019, the Defendant, at D University Pung-si B, sent alcohol to the victim E (the family name, the 20 years of age) (the 20 years of age) who was born at Dongri-ri in a training camp at D University Pung-si B, and had sexual intercourse with the Defendant’s sexual organ inserted the Defendant’s sexual organ into the victim’s sound book at around 06:0 on the same day.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Application of Acts and subordinate statutes to a gene appraisal statement;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) 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 notify information; 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 age and social relation of the accused; criminal records; the content and motive of the offense; the method and consequence of the offense; the degree and anticipated side effects of the accused’s disadvantage due to an order to disclose or notify information; the possible side effects of the disclosure or notification; the preventive effect of the sexual crime subject to registration that may be achieved therefrom; and the protection effect of the victim; etc., no order to disclose or notify personal information shall be issued to the accused;

1. The criminal records of the Defendant under the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the criminal records of the Defendant under the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and the details, details, and

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