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(영문) 서울북부지방법원 2017.09.01 2017고합161 (1)
준강간
Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 05:30 on December 11, 2016, the Defendant, along with the victim E (n, 26 years of age), performed drinking at the Hong-man F club, and the victim, who was drunk, was placed on his bed in his bed, “H tele (503),” located in Dongdaemun-gu Seoul, Dongdaemun-gu, “Hel (503), was placed in his bed, and had sexual intercourse once, with the victim’s bar and clothes, who was able to enjoy from the victim’s bed, regardless of the influence of alcohol.

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 for E;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (field investigation reports), investigation reports (Submission of photographs of the suspect), investigation reports (Submission of CCTV image data, etc. by the complainants), investigation reports (including clothes, etc. belonging to the complainants) and investigation reports (referring to requests made by several countries and the results thereof);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In full view of various circumstances, such as the background of the instant crime, Defendant’s age, sex, social ties, criminal records (no history of sexual crimes), the risk of recidivism, the disclosure order and the effect of prevention of interests expected by the disclosure order and the notification order, disadvantages and side effects, etc., there are special circumstances under which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the disclosure order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse; and (c) Article

[Judgment] Grounds for sentencing

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Imprisonment with prison labor for a range of two years and six months to five years (basic areas);

3. The crime of this case by which the sentence of sentence is to be pronounced is to enable the defendant to serve in a club with the victim who first met with the victim and to serve in a state of mental or physical loss due to drinking.

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