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(영문) 대전지방법원 2020.10.08 2020고합303
준강간
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:00 on May 23, 2020, the Defendant exceeded the clothes of the victim D (nive, 26 years of age) who was under influence of alcohol in Seo-gu, Seo-gu, Daejeon, Daejeon, and C, and had dancing in line with the victim's entrance, and continued to have sexual intercourse with the victim's sexual organ inserted the victim's sexual organ into the part of the victim's sound, and the victim's shouldered the Defendant's arms, making the victim's shouldered the Defendant's arms, and made several statements.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Application of the Acts and subordinate statutes on criminal place, internal report (CCTV) and Kakao Stockholm dialogue;

1. Articles 299 and 297 of the Criminal Act applicable to the crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An disclosure order, notification order, and employment restriction order under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities; Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16662, Nov. 26, 2019>

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