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(영문) 수원지방법원 2020.03.12 2019고합652
준강간
Text

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

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 00:00 on April 16, 2019, the Defendant: (a) after drinking alcohol with the Defendant’s pro-fescence D’s house located under the building C, with the Defendant’s relatives E (n, 20 years old); (b) discovered that the Defendant was under the influence of alcohol and was under the influence of alcohol, and (c) discovered that the Defendant was under the influence of alcohol and was under the influence of alcohol and was under the influence of the Defendant, and (d) provided the Defendant’s fescence and clothes to the Defendant’s fsciss of the victim by drinking the chest of the victim and inserting the Defendant’s sexual organ into the part of the victim, and sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim.

Accordingly, the Defendant raped the victim by taking advantage of the victim's non-fluence state, which was under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses E in the first trial record;

1. Statements made by witnesses D in part of the first trial records;

1. Some statements in the protocol of examination of the accused prepared by the prosecutor;

1. Statement to E by the police;

1. Some statements in the police statement concerning D;

1. Attachment of criminal investigation reports (narcotics and genetic appraisal reports) to suspect digital siren data;

1. Application of all F-related Acts and subordinate statutes, such as investigation reports (collection of evidence of the victim of sexual assault-emergency);

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 ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing) of the mitigated amount;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Registration of personal information and sexual assault against the Defendant in light of the fact that the Defendant is the primary offender, the Defendant’s age, occupation, home environment, social ties, etc., under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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