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(영문) 청주지방법원 2012.12.21 2012고합286
준강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 06:00 on September 4, 2012, the Defendant discovered the victim E (the age of 25) who sits in a mixed old while drunking and drinking so that he could not properly hold his body, and had sexual intercourse using the state of such victim.

The Defendant, as if he was a person who was a child, frightened the victim to board a taxi and moved the cab to a nearby mother, and, around 06:23 on the same day, Cheongju-si Felel 201 on the same day, was off the victim’s clothes under the influence of alcohol, and had sexual intercourse with another victim who was on the body of his body.

After the lapse of ten minutes from the Defendant, the Defendant had sexual intercourse with the victim once again in the same way as the above.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental disorder or impossibility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Response to a written request for financial transaction information on the KB National Card;

1. A sales slip for postal cards;

1. Application of statutes on site photographs;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Grounds for sentencing under Article 41 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to notify;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. The scope of recommendations according to the sentencing guidelines (decision of types of punishment), general standards, rape (subject to at least 13 years of age), types 1 (general rape) (subject to recommendation), and no person (subject to special rape) (subject to the scope of recommendation) shall be sentenced to imprisonment for a period of at least 2 years and not less than 6 months but not more than 5 years (basic area): Serious reflectness and no history of criminal punishment;

3. Sentence;

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