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(영문) 수원지방법원 성남지원 2016.03.31 2015고합283
준강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On October 9, 2015, the Defendant, along with D and E, was traveling to the Camblet Islands (Kamblet) island in Thailand through a travel company, such as the victim F (the 24 years old), and the victim was unable to properly divide the body under the influence of alcohol. As the victim was unable to properly divide the body under the influence of alcohol, the Defendant, along with E, took the victim into account at H L Lblet 5104 located in Thailand G in Thailand where he was well-known.

On October 9, 2015, the Defendant: (a) knew on October 9, 2015 that the victim was under the influence of alcohol at around 04:30 (on the spot time in Thailand) and had sexual intercourse once with the victim by putting the victim out of panty and panty of the victim, using the victim’s resistance impossibility condition; and (b) inserting the Defendant’s sexual organ into the victim’s negative part.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the victim, I, and J;

1. Application of Acts and subordinate statutes to photographs on damage scenes;

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

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. There are special circumstances in which the disclosure or notification of personal information of a defendant may not be made in light of the defendant's age, occupation, risk of repeating the crime, type, motive, process of the crime in this case, seriousness of the crime, degree of disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's injury due to the disclosure or notification order, preventive effect of the sexual crime subject to registration that may be achieved, effect on the protection of the victim, etc. in light of comprehensive consideration of the defendant's age, occupation, risk of repeating the crime, type, process of the crime in this case, consequence and seriousness of the crime, disclosure or notification order, disclosure or notification order, etc.

(C) On the other hand, I think that the personal information is registered and submitted.

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