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(영문) 의정부지방법원 2014.01.10 2013고합204
준강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

On November 13, 2012, the Defendant, at around 23:30 on November 13, 2012, engaged in sexual intercourse by inserting alcohol at the stairs of “D” entrance located in Gangnam-gu Seoul Metropolitan Government, with a view to drinking alcohol and drinking alcohol, and committing rape to the victim E (in the age of 33) who is unable to build the body, exceeding the victim’s panty panty, cutting off the victim’s panty, talking with the victim, and putting his sexual organ into the part of the victim’s sound, and inserting it into the part of the victim’s sound, making it possible for the Defendant

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Part of the second police interrogation protocol against the defendant, E

1. Statement to E by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (with regard to attachment of explanatory notes and field photographs);

1. Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18,

1. Grounds for sentencing in light of Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where there are no records that

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines (determination of types), general standards, crimes of rape (subject to at least 13 years of age), types 1 (the scope of recommendations and recommendations).

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