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(영문) 대구지방법원 김천지원 2014.12.05 2014고합92
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 19:00 on May 31, 2014, the Defendant had the parents of D, a company member of C, who had been located in C, together with the victim E (n, 19 years of age).

At around 05:00 the following day, the Defendant exceeded all the part of the victim's crepits that the victim was under influence of alcohol in his ward, and inserted the Defendant's sexual organ into the part of the victim's crepits.

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. Each police statement of E and F;

1. A complaint;

1. Application of the Acts and subordinate statutes in 7 copies of a photograph and flag photographs;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of punishment] : Determination of types of punishment; general standards ; rape (subject to at least 13 years of age); Type 1 (Special Rape : Reduction of Punishment : None of increased factors : [the scope of recommending punishment] [the scope of punishment ] between not less than 1 and not less than 6 months and not more than 3 years : None of increased factors : [the criteria for suspended sentence] [the lack of aggravated factors]. There is no positive factor: No positive factor: No positive factor: (a) no positive factor: (b) imprisonment with prison labor for a year and 6 months; and the crime of this case in the year of suspended sentence 2 shall be a victim under the influence of alcohol; and (c) there is no positive factor from the victim.

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