(영문) 서울남부지방법원 2015.10.22 2015고합193

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(영문) 서울남부지방법원 2015.10.22 2015고합193

준강간

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

From around 03:40 on March 20, 2015 to 04:04, the Defendant: (a) had been accommodated with a female-friendly Gu located in Geumcheon-gu Seoul Metropolitan Government “D” 308, and had sexual intercourse with the victim E, who was a female-friendly Gu in the same 301 female-friendly Gu located in Geumcheon-gu, with the intent to rape the victim by drinking that the victim E (the victim, the age of 24), was under the influence of alcohol; (b) had used a pre-paid card type key, 301; (c) had taken advantage of the pre-paid card type key; and (d) had the victim’s humbinged so that the breath of the breath of the breath of the breath and the Defendant had sexual intercourse by inserting the victim’s sexual organ into the victim’s state of inability to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of victim E;

1. Application of the Acts and subordinate statutes concerning investigation reports (CCTV image verification);

1. Relevant Articles of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the crimes;

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. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

2. The scope of recommended sentences based on the sentencing guidelines (decision of types of punishment), general standards, crimes of rape (subject to at least 13 years of age), types 1 (general rape) (decision on the recommended areas) and no applicable area (decision on the recommended areas of punishment) (decision on the recommended areas of punishment), and imprisonment with prison labor for at least two years and six months, but not exceeding five years;

3. The instant crime of sentencing is a case where the Defendant had been well informed of the victim’s sexual intercourse with the victim, who is the victim of a female-friendly relationship, and the victim seems to have been subjected to considerable sexual humiliation or mental impulse by committing the crime from the male-parent body, and the victim’s damage has yet to be recovered yet to be disadvantageous to the Defendant.

However, the defendant committed the crime of this case in full.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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