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(영문) 대전지방법원 2017.10.13 2017고합133
준강간
Text

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

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

Reasons

Punishment of the crime

Defendant and Victim E (n, 32 years of age, Ga) are the first space from the main point.

On October 15, 2016, between 06:00 and 14:00, the Defendant exceeded all the clothes of the victim in a state of anti-competence due to drinking drinking and lack of consciousness, and had sexual intercourse by inserting his sexual organ into the sound part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Records of preparation and statement by each prosecutor of E and records of police preparation and statement by the police;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Order and Notice Order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse; (c) Articles 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse; and (d) the Defendant’s age, family environment, social relationship; (d) the details and result of the instant crime; (e) the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order; and (e) the prevention of sexual crimes that may be achieved due to such disclosure order; and (e) the effect of protecting the

3) Judgment on the argument of the defendant and his defense counsel

1. The gist of the assertion was that the victim did not have a state of resistance at the time of the instant case, and the Defendant had a sex relationship under the agreement with the victim.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the Defendant is found to have committed the crime.

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