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(영문) 광주지방법원 순천지원 2017.02.16 2016고합207
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 the above judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2016, the Defendant, along with the victims C and other workplace clubs, had d bathing beaches in the city of drinking. The Defendant, from around 22:00 to around 22:00 of the same day, she drinking alcohol as the victims and other workplace fellows in the F private house in the city of drinking.

On June 19, 2016, from around 04:00 to 05:00, the Defendant discovered that the victim was drunkly drunk and locked from the toilet in the above private house, and that the victim was unable to resist with the view to rape the victim, and was placed on the floor, placed the victim on the floor, and was raped once by sexual intercourse.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-competence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to C (tentative name) and G;

1. Application of Acts and subordinate statutes to evidence, photographs and recording notes on the site of the case;

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 (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The range of recommended punishment on the sentencing guidelines [the types of decisions] shall be the range of recommended punishment [the range of recommended punishment] [the general criteria for sex offenses (subject to at least 13 years of age) and the types of crimes for rape (special rape] [the scope of recommended punishment]: One year and six months to three years; and

3. The crime of this case, which is determined to be sentenced, is an element of sentencing unfavorable to the Defendant, such as: (a) the crime of this case is committed by rape of a victim, who is at work, by taking advantage of the state where the victim is unable to resist under the influence of alcohol; and (b) the fact that the victim seems to have suffered a considerable physical or mental pain due to the instant

(b).

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