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(영문) 대전지방법원 천안지원 2017.07.19 2017고합102
준강간
Text

Defendant shall be punished by imprisonment for a term of 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

around 01:00 on January 30, 2017, the Defendant came to know through E, etc. from the main point of “D” located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and through E, the victim F (Gain, E, 20 years of age) and her friendly G (Gain, E, Gain).

Defendant, victim, E, and G of the same day came from the above main point of around 06:30 on the same day to drink, and came from the 212 head of “I Unauthorized Telecom” located in Northern-gu, Y.

Defendant, victim, E, and G performed the “betting off of clothes” while drinking alcohol in the above guest room. The victim, instead of her clothes, she dumped off on the floor by drinking alcohol several times in a penal provision, and the Defendant was placed on the side of the victim, and E, and G she dumped from the bed.

At around 10:00 on the same day, the Defendant: (a) reported that the victim had a depth in the influence of alcohol; (b) used it to have sexual intercourse with the female; (c) exceeded the victim’s panty and panty; (d) cut the chest by releasing her strings; and (c) inserted the Defendant’s sexual organ into the part of the victim’s drinking.

Accordingly, the defendant has sexual intercourse with another person by taking advantage of his mental and physical loss or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement made to F or G by the police;

1. A response to a request for appraisal with the State and a water appraisal report, and genetic appraisal report;

1. Application of Acts and subordinate statutes of each investigation report (No. 6, 10, 13) No. 6, 13

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors for sentencing that are favorable

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors of sentencing have been repeatedly considered as favorable factors of sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosing or notifying personal information, and Article 47(1) of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse.

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