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(영문) 대구지방법원 서부지원 2018.07.26 2018고합80
준강간
Text

A defendant shall be punished by imprisonment for two years.

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

(e).

Reasons

Punishment of the crime

The defendant is between B and his return, and the victim C (V, 18 years old) is a relative with B.

On January 26, 2018, the Defendant, along with six women-friendly job offers B, and the victim, drinked two-lanes of drinking, and drinked two-lanes after drinking the drinking. B, along with the Defendant’s friendship D, performed drinking games at the house located within the building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building she was drunk with the victim and B, and D was able to commit rape with the victim.

On January 27, 2018, the Defendant retired from all the subordinates of the victim under the influence of alcohol at around 06:00, and had sexual intercourse once by inserting the Defendant’s sexual organ into the negatives of the victim.

Accordingly, the defendant has sexual intercourse with a victim who is mentally and physically deprived of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written notes;

1. A protocol of seizure and a list of seizure;

1. Application of each request for appraisal-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 for disclosure, an order for notification, and an order for restriction on employment, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of being punished for a sexual crime, the registration of personal information of the defendant against the defendant and the completion of a sexual assault treatment program are expected to prevent re-offending, and the defendant’s age, occupation, social relative relationship, other characteristics of the crime, such as the type, motive, process, result, and gravity of the crime, and social benefits expected by an order for disclosure, notification, and restriction on employment.

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