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(영문) 대전지방법원 2014.05.15 2014고합7
준강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On September 9, 2013, between 04:30 and 05:00, the Defendant, at the home of the Defendant, was in sexual intercourse with the victim H (n, 21 years old), who was under the influence of alcohol off the clothes of the victim H (n, b1 years old), and was in sexual intercourse with the victim one time, taking advantage of the state of impossibility to resist due to drinking and on the water surface.

Summary of Evidence

1. Statement to the effect that the defendant has sexual intercourse with a victim at the time and place in the ruling in this Court;

1. Each statement by a witness H and I;

1. An investigation report (to append text messages to the details of filing text messages);

1. The list of evidence of victims of sexual assault is included in the list of records of sexual assault suspects, but it is obvious that it is a clerical error;

1. A list of objects taken as a result of the medical examination of victims of sexual assault;

1. Application of Acts and subordinate statutes to submit evidentiary materials of victims;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. In full view of the following facts: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; (b) 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 (the defendant is currently a university student before he/she begins a major social life; (c) the defendant has no record of criminal punishment as well as identical criminal records; (d) the disclosure order and notification order could expect to some extent the effect of recidivism prevention through the defendant’s disadvantage and side effects expected due to the disclosure order and notification order; and (e) the sentence imposed on the defendant and the registration of personal information registration; and (e) the decision on

1. The Defendant’s summary of the assertion is that the victim is unable to resist due to the state or surface of the water at that time.

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