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(영문) 인천지방법원 2017.04.14 2016고합794
준강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 25, 2016, the Defendant received a request from the victim E, who was the spouse of D, who was the spouse of D, who was in the water at the Incheon detention center (the age of 23) to make a request for a written request for a written request for a written request for a written request for D with regard to D. On July 25, 2016, around 23:00, the Defendant saw the victim from “G main store” located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, and continued to drink with the victim at around 02:0 on July 26, 2016 to “I main store” located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, and tried to commit rape.

At around 03:00 on July 26, 2016, the Defendant: (a) inducedd the victim; (b) had K Moel 201 in the Incheon Bupyeong-guJ; and (c) had sexual intercourse on two occasions with the victim under the influence of alcohol, such as off the victim’s path and panty, and inserting the Defendant’s sexual organ into the part of the victim’s sound.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement made by a witness L;

1. Statement made by the police and prosecutor with respect to E;

1. To capture CCTVs at the scene of the occurrence, photographs, and CDs;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to record meetings between a victim and his/her spouse;

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. In full view of the Defendant’s age, environment, social ties, the risk of recidivism, profits expected by an order of disclosure, and preventive effects, and adverse effects therefrom, the Defendant’s personal information shall be personal information. In full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure disclosure, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse.

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