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(영문) 춘천지방법원 2018.04.13 2017고합122
준강간
Text

The punishment of the accused shall be determined by two years of imprisonment.

except that the sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was the employee of the Victim C (V, 26 years old).

At around 21:00 on October 30, 2016, the Defendant, upon the request of the Defendant that the Defendant brought on the wall that the Defendant had been placed in the company, she would drink the alcohol together with the conduct of the victim and the victim who was in contact with the victim even if the Defendant she saw the alcohol after drinking the alcohol, and would drink the alcohol by contacting the victim.

was made.

On October 31, 2016, the Defendant, located in the Defendant’s vehicle set up on the outer side of D apartment in Chuncheon, a city of 04:00, in the direction of the outer side of D apartment, and had sexual intercourse once with the Defendant, with the Defendant, after the victim sits in the front, drinks alcohol together with the Defendant, and dumped the victim’s body, and dumped off the victim’s bar and clothes.

Accordingly, the defendant had sexual intercourse with the victim who is in a state of mental or physical loss or resistance by drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service 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 notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of criminal punishment for any sexual crime, and the Defendant is expected to have an effect of preventing re-offending even if he/she has an order to register personal information on the Defendant and undergo lectures to treat sexual assault;

I seem to appear.

The crime of this case alone has the tendency to commit sexual crimes against many unspecified persons against the defendant.

It is difficult to readily conclude.

In addition, considering all other circumstances, such as the defendant's age, family environment, and social relationship, the defendant's personal information should not be disclosed to the public.

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