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(영문) 의정부지방법원 고양지원 2019.06.25 2019고합105
준강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall order the defendant to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

At around 12:00 on January 3, 2019, the Defendant, who had been aware of the victim B (n, 21 years of age) and 2:3 years of age, had sexual intercourse with the victim’s clothes, who had drinking in the victim’s dwelling at Paju City of Paju, such as the victim and Doin D, and who had drinking, had sexual intercourse once with the victim’s clothes, who had been in a state of failing to resist as seen above.

Summary of Evidence

Article 29 and the main text of Article 16(2) and Article 49(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order under Article 297 of the Criminal Act concerning the Punishment, etc. of Sexual Crimes Committed to Order under Article 16(1) and Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso of Article 49(1), the proviso of Article 50(1), the proviso of Article 56(1), the proviso of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Addenda (Act No. 15904, Dec. 11, 2018) (Article 15904) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant’s legal statement No. 2, however, Articles 22(3) of the Act on Special Cases concerning the Punishment, etc.

1. General standards:

A. From 3 to 5 years (the lowest limit of the range of sentencing recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing guidelines, the lower limit of the applicable sentencing range is applicable). The following is: (a) there is no general rape (the scope of the recommended sentencing and the recommended sentencing range); (b) the basic area of the rape (the recommended sentencing range and the recommended sentencing range); (c) the basic area of the crime of rape (the recommended sentencing range and the recommended sentencing range) and two to six years (the recommended sentencing range in accordance with the applicable sentencing guidelines).

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