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(영문) 수원지방법원 안산지원 2017.10.27 2016고합377
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

At around 05:00 on December 18, 2015, the Defendant, at around 05:0, exceeded all clothes of the victim under the influence of alcohol at the room of the victim H (n, 18 years of age) located in G, and had sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim.

The Defendant, as above, had sexual intercourse with the victim and locked from the victim's side, had sexual intercourse once by inserting the Defendant's sexual organ into the part of the victim's sexual organ which was in a state of resistance impossible due to being drunk from his own side due to debris around the same day.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-opportune condition twice.

In light of the applicable legal provisions in the indictment and the statement of the public prosecutor, it is clear that the defendant prosecuted the quasi-rape crime more than twice of the defendant as a substantive concurrent crime. Therefore, some of the facts charged were corrected according to the facts obtained through the examination of evidence without regard to the procedure of changing the indictment to the extent that

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Application of the statutes of the response request for appraisal;

1. Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, and the choice of imprisonment for a limited term, with labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification order of registered information needs to be prudented as it may have a significant influence on the defendant, and the age of the defendant;

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