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(영문) 인천지방법원 부천지원 2014.11.28 2014고합234
강간
Text

A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year.

The defendant is a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is between the victim C (n, 19 years of age) and the friendship.

On July 4, 2014, the Defendant had drinking together with the victim.

On July 4, 2014, at around 07:30 on July 4, 2014, the Defendant: (a) sent the victim at the victim’s residence located in Kimpo-si D; and (b) asked the victim to do diving; (c) allowed the victim to enter the victim’s room; (d) prevented the victim’s body from enjoying the two arms of the victim; (e) prevented the victim from taking the part of the victim’s body; and (e) prevented the victim from taking part in the victim’s clothes; and (e) took part in sexual intercourse once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Each request for appraisal;

1. Application of statutes on site photographs;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

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. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to disclose or notify was not issued; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no defendant is subject to an order to disclose or notify as he/she is a child or juvenile) on the grounds that the defendant is a juvenile under the age of 19 at the time the instant public prosecution

The crime of this case was committed upon the defendant's request to the effect that it is difficult for the victim of drinking together with the defendant to return to his house at the latest time, and thus, the defendant forced the victim to grow and go in his residence without suppressing sexual desire, and was raped by force, and the nature of the crime was poor, and the defendant was the defendant.

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