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(영문) 인천지방법원 2019.01.11 2018고합673
준강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the business owner of the “C” main place in the Nam-gu Incheon Metropolitan City, and is a relation with the victim D (one person, two years of age, and twenty) who is a guest.

On February 4, 2016, the Defendant: (a) reported on February 4, 2016, that the victim, who was drinking and drinking at the above main point, was sexual intercourse by drinking the victim with drinking and drinking; (b) caused the employee to work the victim; (c) placed the victim into the “Felel” located in Nam-gu Incheon Metropolitan City, Nam-gu, on the part of the employee; (d) went away with the employee; and (e) again brought the victim to the victim; and (e) reported that the drunk victim was under the pretext of bringing them back to the bend; and (e) reported that the drunk victim was under the influence of the victim’s body and the breast part of the victim; and (e) inserted the Defendant’s sexual organ into the victim’s sexual organ into the victim’s sexual organ, thereby having sexual intercourse with the victim by taking advantage of the victim’s mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of each police statement concerning D and G;

1. A report on internal investigation (the confirmation of CCTV in the FMoel, the victim's internal investigation) and the closure of CCTV;

1. The application of Acts and subordinate statutes governing requests for appraisal;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. In full view of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the possibility of recidivism by the Defendant’s sexual crime, the accused’s anticipated side effects and expected side effects on the Defendant’s disadvantage due to an order to disclose or notify, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims of sexual crimes subject to registration.

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