준유사강간
A defendant shall be punished by imprisonment for two years.
To order the defendant to complete a sexual assault treatment program for 80 hours.
Around 07:00 on May 10, 2015, the Defendant entered the 2nd floor room in Ulsan-gu, Ulsan-gu, U.S. E inngu, U.S., with the Victim F (F. 21 years old), and was under influence of alcohol, reported the victim who was locked, and was under influence of alcohol, exceeded the victim’s clothes, and inserted the Defendant’s sexual organ on the part of the victim’s resistance.
Accordingly, the Defendant had sexual intercourse by inserting the sexual organ into the victim’s resistance by taking advantage of the victim’s resistance impossible condition.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of F;
1. Statement of the police statement related to G;
1. Each investigation report (the confirmation of CCTV, the location of which is eel CCTV, photograph of suspect mobile phones, and attachment of details of victim telephone conversations);
1. Recording recording recording and reporting thereon;
1. Application of video-related Acts and subordinate statutes recorded in video-recording flash drives;
1. Relevant Article of the Criminal Act and Articles 299 and 297-2 of the Criminal Act concerning the selection of criminal facts;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles’ Sex Offenses (the Defendant is an initial criminal who has no record of having been punished for a sexual crime in the past, and is not likely to have committed the instant crime in a planned manner. In addition, in light of the background of the instant case, the Defendant’s age, occupation, family environment, and social relationship, etc., the Defendant is likely to recommit a sex crime on the sole basis that the Defendant committed the instant crime.
It is difficult to readily conclude.
In addition, only the registration of personal information ordered by this Court, and the completion of sexual assault treatment programs can prevent the defendant from repeating the crime.
In addition, in full view of all the circumstances, such as the benefits and prevention effects expected by the instant disclosure order or notification order, and the disadvantages and side effects caused thereby, the disclosure order or notification order in this case.