logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.12.20 2016고합510
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 the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On April 15, 2016, the day preceding the case, which is the day before the case, the defendant and the victim attended the meeting of employees open at the above restaurant and drinks alcohol with the total of five persons, such as other employees, etc.

At around 00:15 on April 16, 2016, the Defendant, at a restaurant where D located in Jinju-si, had completed an employee conference and had the victim under the influence of alcohol, had the Defendant feel sexual intercourse with the victim who was employed in the top of K5 K5 car operation in order to bring the victim under the influence of alcohol.

On April 16, 2016, around 00:30 on Jinju-si, the Defendant stopped the above vehicle at the bus stops next to the bus stops at the construction site of F apartment new construction site of Jinju-si, and was placed behind the front chair, and was placed under the influence of alcohol, and went off the victim's panty and panty panty, which were not used without the spirit of alcohol, and was put into the victim's sexual organ into the part of the victim's sound, thereby having sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning C (tentative name);

1. Each police investigation report;

1. Each request for appraisal;

1. Application of the Acts and subordinate statutes to blackbox CDs, each photograph, each CD (Evidence No. 14, 26 No. 5)

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Where the conviction of a sexual crime of this case, which is subject to the registration of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,

An order of disclosure and exemption from disclosure and notification shall be provided for as an exception to such order.

arrow