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(영문) 대구지방법원 2016.02.05 2015고합494
준강간
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 10, 2015, the Defendant, at the main points located in Jingu-si, Jingu, Sinsi on July 22:30, 2015, performed drinking together with the Victim C (Min, 19 years old), who is the same university and motive, and his male-child job D, and carried out drinking together with the Victim E in Gumi-si.

The defendant, while drinking the victim, the above D and alcohol at the victim's home, d and the victim d and d while drinking alcohol, d and d.

On July 11, 2015, at around 01:19, the above D was drunk, and the locked and the Defendant had the mind to have sexual intercourse with the victim under the influence of alcohol.

Accordingly, the Defendant, after taking advantage of the victim's signs, made the victim's lower her son, etc., her sexual organ at her mar, and the victim her sexual intercourse once with another victim who was placed on the top of the ceiling on the her mar.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Response to a request for appraisal;

1. Application of the investigative report (related to suspect mobile phone pictures and video images) and 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 extenuating circumstances 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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a 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 (i) there is no criminal history of the defendant, and the defendant is deemed to have committed a crime somewhat dynamicly under the influence of alcohol, and there is a risk of recidivism or recidivism of a sexual crime against the defendant;

It is difficult to conclude the defendant's family-friendly social relationship, such as ② the defendant's family-friendly relationship with his/her neighbors, etc.

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