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(영문) 대구지방법원 2018.08.10 2018고합41
준강간
Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 10, 2017, at around 20:00, the Defendant: (a) introduced “E main store” located in Daegu Northern-gu, Daegu Northern-gu; (b) performed drinking together with the victim G (name, leisure) at the place where the Plaintiff met, and nearby “H singing room”; (c) went to the drunk on July 11, 2017; (d) went to the drunk victim and F; and (e) went to the telecom with the victim and F, located in Daegu Northern-gu I.

On July 11, 2017, at around 00:15, the Defendant, under the influence of alcohol at the guest room of the above telecom, had the victim take kis from the side of the victim, and exceeded the clothes of the victim, and had sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness G;

1. Partial statement of the witness F;

1. Investigation report (to be accompanied by the CCTV images, etc. in the televise and guest room) and each attachment;

1. Six copies of the transmission and receipt of telephone conversations (No. 7 No. 1)

1. Application of four copies of the reply to a request for appraisal (No. 26) to the Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to 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, notify, or place an employment restriction order, and the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for a sexual crime and thus is at risk of recidivism or re-offending of a sexual crime);

It is difficult to conclude that the effect of preventing recidivism can be limited to the execution of imprisonment with labor for the defendant, registration of personal information, and completion of sexual assault treatment programs.

The defendant's age, family environment, and family.

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