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(영문) 의정부지방법원 2017.11.30 2017고합289
준강간
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant became aware of the victim of the 3 to 4 years old sexual intercourse with E, who was the father of the victim D (the 21 year old-age), and had been contacted with the victim of the 5th degree sexual intercourse with the victim of the 3 to 4 years old-age marriage, and did not contact with the defendant with the victim upon the victim's request. However, the victim was able to communicate with the victim again at the other relative type for about one year prior to the other relative type, and recently, the victim was able to communicate with the victim by undergoing surgery and mental treatment due to a fire accident. On January 11, 2017, the victim proposed to meet with the victim with the victim, who was in common sense, was under contact with the victim of the 0 to 30 years old-age sexual intercourse with the victim of the her sexual intercourse with the Government, who was under contact with the victim of the her sexual intercourse with the victim of the her sexual intercourse with the victim.

On January 11, 2017, around 03:10, the Defendant, while under the influence of alcohol with “Iel” located in H, “Iel,” exceeded the victim’s clothes and clothes, and inserted the Defendant’s sexual flag into the part of the victim’s sound.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each investigation report and each gene appraisal report;

1. Details of text messages sent by the recipient, suspect J professional photographs, list of each currency, and guidance;

1. Photographs data and CCTV data;

1. Application of video recording CDs or CDs-related Acts and subordinate statutes;

1. Article 299 and Article 297 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated 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. 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 Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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