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(영문) 의정부지방법원 2015.01.07 2014고합195
준강간
Text

A defendant shall be punished by imprisonment for not less than one year 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 March 3, 2014, the Defendant met with the victim D (the age of 23) who became aware of through Internet hosting at the time of the Government-Si of Ma-si on the same day, and concealed the victim under the influence of alcohol at 208 "Felel" in E at around 00:50 on the same day, and had sexual intercourse once with the victim, who was under the influence of alcohol on the part of the Government-Si of Ma-si on the part of the Government-si.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement concerning D's preparation of the police officer police officer;

1. Application of Acts and subordinate statutes to the internal investigation report (CCTV, etc.), internal investigation report (including the statement of the telecom operator), investigation report (with respect to the results of underwater appraisal), response to requests for appraisal with countries and acceptance of requests for appraisal;

1. Articles 299 and 297 of the Criminal Act applicable to 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 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 against Order to attend lectures;

1. Reasons for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 and 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of a recommendation according to the sentencing guidelines (decision of types of punishment), general standards, crimes of rape (at least 13 years of age), types 1 (general rape): The mitigated elements of punishment [general person]: the mitigated elements of punishment [the scope of recommendation and recommendation] that there is no record of criminal punishment [the scope of the mitigated areas and recommendation], one year and six months from six months of imprisonment [the suspension of execution] positive: Non-prosecution of punishment (the main reasons for the suspension of execution), there is no criminal record of the same kind of punishment, nor any criminal record of the suspension of execution or any other criminal record of the suspension of execution, and social relationship is clear;

3. Determination of sentence: The defendant is under the influence of alcohol for the crime of this case with a stay of one year and six months;

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