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(영문) 서울동부지방법원 2019.09.19 2019고합78
준강간
Text

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

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

Reasons

Punishment of the crime

On December 16, 2017, from 20:0 to 24:00 on December 2016, 2017 to 24:00, the Defendant, along with the Victim E (V, 20 years of age) who was a college-friendly D and a junior college of the college located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

On December 17, 2017, at least 00:22 on December 17, 2017, the Defendant committed sexual acts for about five minutes by releasing the clothes of the victim from all of the body of the victim and inserting the Defendant’s sexual organ inside the body of the victim by taking advantage of the fact that the victim was in a state of personnel inequality, such as drinking, drinking, drinking, and drinking.

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. Partial statement of the defendant;

1. Each legal statement of E and D (part);

1. Reports on internal investigation (Submission of a copy of the victim's daily report, and G posted materials submitted by the victim);

1. Application of statutes governing a record of conversations between H and the accused;

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 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); 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 (amended by Act No. 15904, Dec. 11, 2018); and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a conviction becomes final and conclusive, a defendant is obligated to submit personal information to the competent authority pursuant to Article

Exemption from disclosure notification order.

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