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(영문) 인천지방법원 부천지원 2017.01.13 2016고합196
준강간
Text

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

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

Reasons

Punishment of the crime

On July 6, 2016, from around 21:38 to 21:50, the Defendant exempted the victim from panty panty of the victim F (one year, 25 years of age) who was under diving, under the influence of alcohol, from 101 Evis 10 to 21:50.

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 in relation to F and G;

1. Response to a request for appraisal;

1. Application of the investigation report (to attach photographs by cutting off and cutting off CCTVs) and the photographic Acts and subordinate statutes attached thereto;

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 factors, such as favorable circumstances, etc. among the reasons 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 Order;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (d) the Defendant’s age and occupation, social relationship; (e) type and motive of the crime; (e) type and motive of the crime; (g) the process and consequence of the crime; (e) the existence of the same electric power; (e) the risk of repeating the crime; (e) the disclosure and notification orders; and (e) the degree of disadvantage the Defendant was at the disadvantage of the Defendant due to the expected side effect

(C) Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is applicable to a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Therefore, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43

Reasons for sentencing

1. The scope of punishment by law: Imprisonment; and

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