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(영문) 의정부지방법원 고양지원 2012.07.13 2012고합160
준강간
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

At around 01:00 on February 12, 2012, the Defendant entered the “EAEA club” as “F along with F, and went together with F, thereby drinking through so-called so-called subsalking, and drinking in company with the victim G (the age of 23) and the victim’s friendship H with the victim’s friendship. On the main point of “I” in the above club, the Defendant her and the victim’s friendship with the victim her friendship with the victim and the victim her friendship with the victim’s friendship with the victim’s friendship with the victim’s friendship, the Defendant her friendly with the victim and the victim’s friendship with the victim.

1. At around 06:20 on the same day, the Defendant, while under the influence of alcohol, lost the exemption from drinking water under the influence of alcohol pursuant to Article 311 of the J “J,” was sexual intercourse with the victim, who was off the victim’s clothes.

2. On the same day, the Defendant continued to engage in sexual intercourse once again with the victim who was temporarily set off in his clothes, such as Paragraph 1, around 09:30 on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. The police statement of H;

1. Application of Acts and subordinate statutes of the 2012-M-940) table for an appraisal request;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The main sentence of Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Where a conviction against a defendant is finalized in relation to a crime subject to registration of personal information under Article 41(1)1 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11162, Jan. 17, 2012) where a notification order is issued, the defendant becomes a person subject to registration of personal information under Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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