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(영문) 수원지방법원 2016.04.05 2015고합613

준강간

Text

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

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

around 01:00 on March 21, 2015, the Defendant: (a) transferred the victim E (here 23 years of age) and the place of drinking from the “D Age Club” located in Osan-si C, Osan-si, to anchor; and (b) had the Defendant drinked the victim to rape, after drinking the alcohol.

Under the influence of alcohol, the Defendant: (a) laid a victim who is unable to walk without mind while walking in the taxi; (b) laid off the victim’s clothes using the victim’s condition that the victim is unable to resist while drunk; and (c) had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s drinking.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the prosecution against E;

1. Each police statement protocol with respect to E and G;

1. A copy of a receipt using a new card, a copy of a card under the name of the victim, a response to each request for appraisal, and a response to digital evidence analysis result;

1. Application of the video CD-related Acts and subordinate statutes

1. Articles 299 and 297 of the Criminal Act applicable to the crimes;

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 in favor of the defendant among the grounds for sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the punishment, etc. of a sexual crime committed against an order to complete program, the accused is a person subject to the registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment,

There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.

The issue of whether the defendant is "in the case of judgment," means the defendant's age, occupation, risk of repeating a crime, characteristics of the offender, such as the type, motive, process, result, seriousness of the crime, etc., characteristics of the crime, disclosure order or notification order.