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(영문) 춘천지방법원 강릉지원 2017.02.09 2016고합82
준강간
Text

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

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

Reasons

Punishment of the crime

The defendant was working as the head of the reservation affairs team in Gangnam-si D Condo, and the victim E (n, 32 years old) was working as the same team team member.

On June 17, 2016, from around 19:00 to 23:40 on the same day, the Defendant and the members of the same team as the victim et al. together met with the victim et al. to the extent that the victim's body could not be divided, the Defendant was able to take the victim in his house on the way that the Defendant was a substitute driver and returned home.

On June 18, 2016, the Defendant: (a) was parked in the vicinity of the victim’s house located in the G-to-face of the Defendant’s G-to-face located in the G-to-face F in Gangnam-si, Gangnam-si, and (b) was so drunk that the victim was under the influence of alcohol and did not resist against the victim; and (c) was in sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Application of Acts and subordinate statutes to a report on investigation (referring to requests for State and for appraisal);

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 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the content, motive and background of the instant crime, and the fact that the Defendant has no record of having been punished for a sex offense), etc., there is

It is difficult to conclude that the defendant's age, disclosure order, or notification order is likely to be disadvantageous to the defendant.

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