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(영문) 창원지방법원 2014.07.24 2014고합96
준유사강간
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On April 21, 2014, the Defendant: (a) around the aftermath of the night-si, the victim D (n't. 31 years old) and E, the prospective husband of the victim, were able to drink together with the victim, and (b) moved the victim to the studio of the victim, together with the victim E, in order to continue to drink.

On the 22th day of the same month, the Defendant: (a) around 04:00, while under the influence of alcohol at the studio of the victim at the window F of Changwon-si, the victim was able to sleep in the floor, and the victim was able to do so on the side of the victim E above by reporting the her shape at the bed, and then she was able to put the victim's panty in the victim's panty and collect the finger in the victim's sexual spanty, thereby deducting the her back and the her finger from the her spanty, by taking the victim's her spanty, again her finger by inserting two fingers into the part of the victim's panty, and then she raped the victim by taking advantage of the victim's mental disorder or the state of her ability to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A medical doctor and a medical doctor;

1. On-site photographs of a residential area of victims;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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

1. Reasons for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) 2 and the main sentence of Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The application of the sentencing guidelines [determination of types] general criteria for sex offenses shall be reduced to 2/3 of the upper limit and the lower limit of the sentencing range for general rape, since the first category (the scope of the recommended area and the recommended punishment) of the rape (the subject of the age of 13) is the basic area, one year and eight months to four years, and one year and three years and four years, respectively, and the upper limit and lower limit of the sentence for general rape is reduced to 2/3.

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