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(영문) 춘천지방법원영월지원 2020.09.10 2020고합7
준강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant was first known to the victim B (the family name, the female, the age of 25) and the branch person at the time of the instant case.

At around 04:00 on September 22, 2019, the Defendant divided alcoholic beverages into the Victim, Victim E-gu E-gu, and E-gu E-gu F, and cut off from diving.

The Defendant, as a shoulder at the lock, had the victim dumped by drinking, and had the victim dump to engage in sexual intercourse with the victim, and had the victim dump and sumging, cut off the victim’s panty and sumging, and inserted the Defendant’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. The defendant's partial statement B, E, and F's respective legal statements;

1. Protocol of seizure and details of the list of seizure, the Kakao Stockholm dialogue;

1. Application of Acts and subordinate statutes to field photographs and field medication;

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

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

1. An order to disclose, notify, and order to notify, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso to the Welfare of Disabled Persons Act does not have any history of punishment for a sex offense; and it is difficult to readily conclude that the defendant is currently subject to multiple persons in light of the circumstances of the instant crime.

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