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(영문) 수원지방법원 2018.08.17 2018고합178
준강간
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:30 on November 17, 2017, the Defendant: (a) within the Eelel guest room located in Young-si, the wife population D; (b) when the Defendant drinked the victim G (inn, 20 years of age) who first met F with f and drinking alcohol together with F, the Defendant f, etc., f, left the victim by drinking alcohol at the place; and (c) he f, etc., cut off the victim’s clothes f, f, etc., with the Defendant’s hand, cut off the victim’s chest f, f, and f, added the Defendant’s finger to the victim’s negative part; and (d) inserted the Defendant’s sexual organ into the victim’s negative part.

Accordingly, the Defendant, as seen above, had sexual intercourse with the victim by taking advantage of the victim’s mental or physical loss or incompetence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Legal and chemical appraisers and gene appraisers;

1. Application of Acts and subordinate statutes to the victim's pictures, pictures, and text messages;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. In full view of the Defendant’s age, the type and motive of the instant crime, the process of the crime, the seriousness of the consequence and the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the Defendant’s personal information shall not be disclosed or notified.

[Determination]

1. The Act on the Protection of Children and Juveniles against Sexual Abuse who are exempted from employment restrictions orders;

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