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(영문) 대전지방법원 2018.02.08 2017고합416
준강간
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant knows that the victim C(n, 20 years of age) was her face at a meeting with friendship, and drinks alcohol with one victim and one relative at a main station near D station located in Gangnam-gu Seoul at the same time as that located in Gangnam-gu Seoul around June 18, 2017.

Around 04:50 on June 19, 2017, the Defendant, at around 04:50, 403 F hotel in Seocho-gu Seoul Metropolitan Government E, accumulated in the side of the victim who was divingd at the bend in the bend of the breath in the influence of alcohol, cut off the victim’s chest and fright, and inserted the part of the victim’s sound into the part of the victim’s sound.

As such, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s mental and physical loss, or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each investigation report (the submission of the victim's G message, the submission of the victim's conversation, the confirmation of CCTV images around the telecom, the telephone survey, the victim's telephone statement), one CD of CCTV around the telecom, and the closure of the above images to a photographic statute;

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 (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service 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 notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse [the defendant is the primary offender, and the defendant's age, occupation, family environment, social relationship, etc. recognized in the record can prevent recidivism even by taking part in the registration of personal information of the defendant and the lectures to treat sexual assault;

In full view of the fact that there are special circumstances in which the disclosure of personal information of the defendant should not be disclosed.

[Determination]

Sentencing.

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