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(영문) 서울동부지방법원 2019.09.19 2019고합240
준강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On March 2018, the Defendant introduced the Victim C (the family name, the female 20 years of age) (the family name, the female 20 years of age) from her friend B and came to meet two times.

At around 22:00 on September 17, 2018, the Defendant, along with the victim, B, and the Defendant’s frying of approximately 8 illness after drinking together with the victim, B, and the Defendant’s frying of the fry, had the frying of the fry, caused the victim, and had both the victim and the fying of the fying of the fying of the fying of the fying of the fying of the fying of the fys.

On September 18, 2018, between 03:00 to 08:00, the Defendant had sexual intercourse with the victim by inserting the victim’s title and left chest who had been divingd in the Defendant’s side by drinking alcohol at the house of Geumcheon-gu Seoul Metropolitan Government G H, and both with the victim, B, and F, and inserting the Defendant’s sexual organ into the victim’s sound part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against C (alias) and B;

1. The application of Acts and subordinate statutes to each request for appraisal;

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. Where a conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information of a person with disabilities (Act No. 15904, Dec. 11, 2018), the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the Act on Welfare of Disabled Persons, the Defendant is a person subject to registration of personal information pursuant

An disclosure notification order;

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