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(영문) 수원지방법원 2016.02.16 2015고합680
준강간
Text

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

To order the accused to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 10:20 on June 19, 2015, the Defendant: (a) contacted G with “Abrea female under the influence of alcohol; (b) entered I hotel No. 404 in Gangnam-gu Seoul Metropolitan Government on the same day; and (c) had sexual intercourse once by inserting the Defendant’s sexual organ into the negative part of the victim J (W, 28 years old) who was under the influence of alcohol and was under the influence of drinking, without clear awareness.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's breathy condition, which makes it impossible for the victim to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police in G;

1. Copies of the police statement made to J;

1. A copy of the report of internal investigation by the police (the scene of the case for specifying the suspect and the investigation by surrounding CCTV), and a copy of the report of investigation by the police (the results of appraisal of evidence at the scene of the crime);

1. A copy of a report on the results of field identification;

1. Each response to a request for appraisal;

1. Application of the photographic Acts and subordinate statutes;

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 in favor of the defendant among the grounds for sentencing);

1. Where the conviction of a case involving the registration of personal information of a sexual crime under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency pursuant to Article

There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.

The issue of whether the defendant constitutes "in the event of judgment" is due to the character of the offender, such as the defendant's age, occupation, risk of recidivism, etc., the type, motive, process, result, seriousness of the crime, etc., and disclosure order or notification order.

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