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(영문) 서울남부지방법원 2018.11.08 2018고합276
준강간
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Based on the facts acknowledged by the evidence duly adopted and examined by this court, part of the criminal facts was revised to the extent that it does not infringe the defendant's right of defense.

In around 2015, the Defendant was a person who worked as the head of C University located in Seoul Special Metropolitan City as the head of the headquarters. Around July 2015, the Defendant was introduced the Victim F (F) who was a partner of the household who was born with the father through E around July 2015. Around that time, the Defendant was able to listen to witness classes by entering the victim into the said D.

After completing a witness course on July 2015, the Defendant diced with the victim by making his/her supper together with his/her supper, while drinking at the restaurant near the above C University, he/she divided the victim into three times a week with his/her dupend.

The Defendant, at around 20:00 on the same day, tried to take the victim’s house in around 20:00 on the same day as the so-called so-called “breath”, had the victim sexual intercourse with the breath under the influence of alcohol, and entered the victim into the Yeongdeungpo-gu Seoul Metropolitan Government Gel., and had the victim sexual intercourse by inserting the Defendant’s sexual organ into the part of the breath and panty of the victim.

Accordingly, the defendant raped the victim by taking advantage of the mental and physical loss of the drunk victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes governing recording records;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

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 a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the age, occupation, family environment, social ties of the accused recognized in the record);

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