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(영문) 대전지방법원 천안지원 2013.10.16 2013고합99
준강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a victim C (n, 23 years of age) and a singing practice room located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, and he becomes aware of each other.

The Defendant, at the above E-sing practice room, expressed that he would take the part of a part-time employee including the victim and the victim who was diving after drinking alcohol. At around 05:00 on January 8, 2013, the Defendant had sexual intercourse once with the victim, who was under the influence of alcohol, by deeming that the victim was under the influence of alcohol, within the victim’s residence, and by deeming that the victim was under the influence of alcohol would have been under the influence of alcohol.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement made to C by the police statement;

1. Each description of the investigation report (C) and the details of return on the complaint;

1. Application of each film law to the Kakao Stockholm photographs;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Whether a case constitutes “any special circumstance to not disclose personal information” under Articles 37(1) and 41(1) proviso of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Subject to Disclosure Orders and Notice Orders under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, constitutes “any special circumstance to not disclose personal information” means the Defendant’s age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime in question, characteristics of the crime, such as the type, motive, consequence, and gravity of the crime in question, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to such order, the effect and effect of registration on sexual crimes subject to registration due to such order, and the sexual crimes subject to registration.

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