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(영문) 인천지방법원 2018.08.24 2018고합98
준강간등
Text

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

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

Reasons

Punishment of the crime

1. On July 17, 2017, around 05:30 on July 17, 2017, the Defendant forced indecent act committed an indecent act against the victim by drinking alcohol with the victim E (the victim, 21 years old) together with the Dtel 201, which is the Defendant’s residence located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon. Around 17, the Defendant forced the victim to put the victim into the victim’s neck with his/her own arms, put the victim’s her lebb, put him/herself into another hand, and forced the victim to commit an indecent act by force.

2. Quasi-rape: (a) at the time, at the time, and at the place specified in paragraph 1, the Defendant: (b) taken the victim into the right side of the victim F (the victim’s name, leisure, age 22) who was drunk and locked by taking advantage of the gap between the victim’s cresh and the victim’s cresh as stated in paragraph 1 and inserted the victim’s chest into the part of the victim’s cresh; (c) took out the victim’s clothes; and (d) inserted the victim’s chest into the part of the victim’s cresh.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Relevant Articles 298 and 297 of the Criminal Act concerning the facts constituting an offense and the choice of punishment (the point of compulsory indecent act, the choice of imprisonment), and Articles 299 and 297 of the Criminal Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up the long-term punishment of the above two crimes) ;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no criminal record exists against the accused, and any sex crime is likely to be re-offending.

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