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(영문) 수원지방법원 평택지원 2017.08.25 2016고합163
준강간
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the E occupation in Pyeongtaek-si D, and the victim F (V, 20 years old) is the above victim's employee.

The Defendant, at H’s main point in Pyeongtaek-si G, had 2 or more times a week in the fest of the fest of the fest of the fest of the fest of the fest of the fest of the fest of the fest of the fest of the fest of the fest of the fest of the fest of the fest of the fut

On October 21, 2016, the Defendant, at around 02:57, had sexual intercourse with the victim by inserting the mache of the victim, who was under the influence of alcohol in the Jel 702 heading room located in Pyeongtaek-si I, and inserting the panty typ in the victim’s negative part, and inserting the sexual flag into the victim’s negative part.

Accordingly, the defendant raped the victim by taking advantage of the impossibility of resisting the victim's consciousness.

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. Each legal statement of the witness F and K;

1. A photograph of a CCTV course;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Articles 2899 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

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 primary crime of the defendant is that the defendant has an effect to prevent the recidivism of the defendant to a certain extent through the registration of personal information of the defendant, the registration of personal information of the defendant against the defendant, and the lecture for sexual assault treatment;

In light of all the circumstances, such as the defendant's age, sex, family environment, and social relationship, the effect of the prevention of sexual crimes, which can be achieved by the disclosure notification order, can be relatively less than the disadvantage and anticipated side effects that the defendant may suffer due to the disclosure notification order.

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