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(영문) 대전지방법원 2020.07.23 2020고합48
준강간
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A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 11, 2019, the Defendant returned to a house in the state of drinking on a new wall. On August 11, 2019, the Defendant discovered the Victim C (Influence, name, and age 21) who sited in a path in the state of drinking in the vicinity of the Seo-gu Daejeon apartment, and intended to have sexual intercourse with the victim.

On August 11, 2019, the Defendant, around 03:11, transferred the victim to the Daejeon E-gu D hotel, and had sexual intercourse with the victim, who was under the influence of alcohol in the said hotel E-house.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Statement to C by the police;

1. Each investigation report, and one copy of the past data by the Korea Meteorological Administration ( Daejeon on August 2019);

1. Legal and chemical appraisal report and each gene appraisal report;

1. Application of the Acts and subordinate statutes governing On-site photographs, CCTV-faging photographs, receipts, CCTV photographs, CCTV photographs, and G CCTV images CDs;

1. Articles 299 and 297 of the Criminal Act applicable to the crimes;

1. Articles 53 and 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;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. An order of disclosure or notification of personal information under 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 or notification, 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. 1662, Nov. 26, 2019); the disclosure or notification of personal information under the proviso to Article 50(1) of the former Act requires careful caution as it may have a significant impact on the Defendant; the Defendant has no criminal history against the Defendant; the Defendant imposes personal information registration, order to complete a program, or order to restrict employment

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