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(영문) 수원지방법원 안산지원 2018.04.13 2018고합41
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Through the introduction of university-friendly districts, the defendant is aware of the victim D (one's name, half, 24 years of age) and within the area.

On October 7, 2017, the Defendant was unable to hold the body under the influence of alcohol with the victim while drinking together with the victim at the front stand of the members of Ansan-si, Am. Am. on October 7, 2017. On October 8, 2017, the Defendant: (a) entered the victim’s Maur 613 located in the Dong-gu, Ansan-si; (b) placed the victim into the bed; (c) placed the victim into the bed; (d) kept the victim under the influence of alcohol on October 8, 2017; and (d) went off the bed of the victim’s bed and kid; and (e) went off on the part of the victim’s panty and kid; and (e) putting the victim’s sexual organ into the part of another victim’s sexual organ on the upper part of the victim’s panty and panty; and (e) placed the victim into sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Data on CCTV screen and photographs at the scene of a telecom (No. 14 No. 5 of the evidence list);

1. The application of Acts and subordinate statutes to a response to a request for appraisal;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 Attend;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished as a crime of sexual assault, the Defendant’s mistake is divided, and the Defendant’s age, occupation, family environment, and social ties are taken to prevent recidivism of the Defendant.

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