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(영문) 수원지방법원 성남지원 2020.01.23 2019고합300
준강간
Text

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

However, the execution of punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 31, 2019, at around 01:49, the Defendant: (a) moved the victim D (name, 51 years of age) to a parking lot behind the building after drinking drinking alcohol with the victim; (b) was frightened from the victim’s side of the victim, who was used on the floor, was frightd for about 15 minutes; and (c) was frightd from the victim’s side; and (d) was frightd from the victim’s side; and (d) was frightd from the victim’s side; and (e) was frightd from the victim’s body, the Defendant frightd from the victim’s sexual flag after being frightened by inserting the victim’s body.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the 112 Reporting List, internal investigation report, investigation report (C CCTV image verification), CCTV image CD-related Acts and subordinate statutes to the 112 Reporting Report;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, 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 does not appear to have occurred to an unspecified person, and the fact that the issuance of an order to attend a lecture and the registration of personal information alone appears to have an effect to prevent recidivism by the Defendant’s age, occupation, family, family environment, social relationship, and the content, circumstance, and consequence of the instant crime, can be achieved through the disclosure or notification order.

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