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(영문) 광주지방법원 순천지원 2019.08.29 2019고합57
준강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On January 26, 2019, between 06:00 and 10:00, the Defendant, along with the main room room of the C building D, B, the victim E (the name, the 22-year age old age), performed drinking while drinking alcoholic beverages, and then put them into the string part of the victim’s string lease, who was locked all locked, and added the string part of the victim’s clothes into the string part.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. 112 Reporting case management table;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a letter of apology);

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

1. Mitigation of discretionary mitigation under 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 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where there is no record that a defendant was punished for a sex offense, so that the defendant can have the effect of preventing re-offending even by issuing a sentence against the defendant, registering personal information, and completing a sexual assault treatment program; and in full view of all other circumstances, such as the defendant's age, environment, social relationship, anticipated side effects of the defendant's disadvantage and anticipated side effects due to an order to disclose or notify information; and the preventive effect of a sexual crime that can be achieved therefrom, there are special circumstances in which the

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 and the main sentence of Article 59-3 (1) of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018);

1. Scope of applicable sentences under law: Imprisonment with prison labor for a year from June to February 15;

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