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(영문) 인천지방법원 2018.02.22 2017고합692
준강간
Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant from November 2016 to the date is a person working as the shop for a singing shop in Bupyeong-gu Incheon Metropolitan City, and the victim E (V, 20 years of age) has served as a part of the singing shop.

At around 06:10 on December 10, 2016, the Defendant: (a) entered a G hotel in Bupyeong-gu Incheon Metropolitan City, a staff member of the said singing house, and a member of the singing house, and after completing a singinging with the birth and gathering, carried the breath victim into the above hotel and taken the panty of the victim who is unable to resist; (b) took the victim’s chest out of the chest; and (c) took the victim’s chest into the singular part into the singular part once as soon as the victim took the singular part; and (d) has sexual intercourse with the Defendant by inserting the victim’s sexual organ into the victim’s entrance and part, thereby making a quasi-rape, taking advantage of the victim’s resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police concerning E and written statements prepared by the E;

1. Police investigation report (case of submitting evidentiary documents by victims) and the application of Acts and subordinate statutes on materials attached thereto;

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. In full view of the Defendant’s age, environment, social ties, the risk of repeating a crime (no criminal record), benefits and preventive effects expected by an order to disclose information, and disadvantages and side effects thereof, there are special circumstances in which disclosure of the Defendant’s personal information may not be disclosed, in light of the following: (a) 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 information; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse;

[Judgment] Grounds for sentencing

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

2. The scope of punishment recommended on the sentencing criteria [the types of sex offenses] shall be general standards;

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