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(영문) 청주지방법원 충주지원 2015.10.08 2015고합25
준강간
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a foreigner of Uzbekistan nationality who entered the Republic of Korea with the status of non-professional employment (E-9-1) sojourn around June 18, 2013.

At around 12:30 on July 19, 2015, the Defendant, along with the same nationality dynamics, had sexual intercourse once with the victim D (V, 35 years old) and the victim D, who had a close friendly friendly ties together with the dynamics of the same nationality, sent out that the victim was unable to resist due to the breath of alcohol, was exempted from the victim's will and panty, and added the Defendant's sexual organ into the victim's negative part of the victim's ability to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to a request for appraisal;

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

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the special circumstances in which the defendant is unable to impose an order to complete program on the defendant, considering all the circumstances, such as the fact that the defendant does not facilitate communication with the foreigner of Uzbekistan nationality and that there is a high possibility that he/she will be forced to leave the Republic of Korea

1. In full view of all the circumstances such as the Defendant’s age, occupation, benefits and preventive effects expected by the disclosure order or notification order of this case, and disadvantages or side effects, etc., the mere fact that the Defendant committed the crime of this case alone is likely to cause sexual assault to the Defendant or recommitting the crime of this case.

, or any other matter.

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