logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2018.05.11 2018고합27
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 40 hours.

Reasons

Punishment of the crime

The defendant came to know through open hosting between the victim C (n, 28 years old) and Daling club.

On November 12, 2017, the Defendant, at the “F” restaurant located in the Gu E during the Ansan-si around 19:00 on the same day, drinked with the victim, including the victim, and the victim who was unable to fully hold his body by drinking around 22:00 on the same day, was 308 heading, 308 heading, 308 heading, she was off the victim’s clothes in the same Gu, her chest, her chest was cut off, her breast, her finger was added, and her finger was added to the victim’s sound, and then her sexual flag was sealed into the victim’s sexual organ.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Report on internal investigation (verification of CCTV), investigation report (verification of CCTV at a cafeteria and employee's statement), investigation report (the result of analysis of legal and chemical appraisal of evidence taken by the victim), investigation report (related to the correction of the time of CCTV photographing), investigation report (limited to the closure of entry after about six minutes from the suspect's hold room), investigation report (limited to the closure of the entrance situation after entry into the suspect's hold room), investigation report (Attachment to the closure of the suspect's hold room); and

1. Descriptions in each CCTV image closure photograph, receipt, legal chemical appraisal document, and application of video-related Acts and subordinate statutes;

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 favorable circumstances):

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 information or an order to notify information, 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 (in such cases, the effect of preventing recidivism may be expected to a certain degree only after completing the registration of personal information and the sexual assault treatment program;

I seem to appear.

. Other defendant.

arrow