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(영문) 인천지방법원 2018.12.21 2017고합783
준강간
Text

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

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 15, 2017, the Defendant, from around 17:30 on April 17, 2017 to around 17:30, 2017, performed drinking with three employees, such as the victim C (n, 29 years of age), who is a workplace volunteer in B, and, from around 23:00 of the same day, she went back to the place of drinking by four times, and she reported the victims coming back to the place of drinking, and she went back to the house of the victim in Gyeyang-gu Incheon Metropolitan City D Building E with the victim under the pretext that she was fluencing the women.

At around 23:30 on the same day, the Defendant had sexual intercourse with the female at the victim’s home, by advertising the victim’s being in the state of being taken, with the intent of having sexual intercourse with the victim, and was exempted from the clothes of the victim in the state of being able to resist due to the state of being taken.

Accordingly, the Defendant, as seen above, had sexual intercourse with the victim by taking advantage of the victim’s mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Each legal statement of C and F;

1. Part concerning C’s statement concerning the accused in the suspect interrogation protocol (one answer type)

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on visual images;

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

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 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 to disclose or a notification order, 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 defendant's age, environment, social ties, criminal records, and the risk of recidivism] Article 50 (1) (the defendant has no record of criminal punishment for a sexual crime before, and thus, has a risk of recidivism or recidivism of sexual assault against him

In full view of the benefits and prevention effects expected by an order of disclosure and notification, and the disadvantages and side effects resulting therefrom, the personal information of the accused is the personal information of the accused.

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