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(영문) 의정부지방법원 2018.11.08 2018고합241
준강간
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

The defendant and C(for example, 26 years old) have become aware of the Internet hosting D'D'.

around March 23, 2018, the Defendant met the victim at the main point of "F in Gangnam-gu, Seoul, and provided the victim with alcohol mixed with beer and beer, and the victim lost mind by drinking about 5 mar and drinking it over, and around March 23, 2018, around 21:49, the victim was hel 904 located in Gangnam-gu, Seoul, with the victim’s mental and physical loss or resistance, she exceeded the victim’s clothes by inserting his sexual organ into the negative part of the victim, and had sexual intercourse with the victim once by inserting it into the part of the victim.

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 by the police against C;

1. C’s statement;

1. Application of the Acts and subordinate statutes to photographs containing internal investigation reports (the perusal and reproduction of CCTV at generated places) and CCTV images, which include photographs and CCTV images;

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

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 Attend;

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), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which has no record of punishment for the defendant, and which can be expected to prevent recidivism to a certain extent only with personal information registration and participation in sexual assault treatment programs;

I seem to appear.

In addition, the defendant's age, family environment, the background of the crime of this case, and the disclosure and notification order are likely to suffer disadvantage and side effects.

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