beta
(영문) 서울서부지방법원 2017.06.22 2017고합13

준강간

Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On December 2, 2016, the Defendant met the victim C of the Mari-Mari-Mari-Mari-Mari-Ma (hereinafter referred to as the “Meomun-gu”) with the same school of the same school of the same day, followed the victim under the influence of alcohol into the guest room located in Seodaemun-gu Seoul, Seodaemun-gu.

At around 05:00 on the same day, the Defendant: (a) placed the victim on a boom in the front room; (b) placed the victim's panty and panty; and (c) placed the victim's sexual organ into the victim's negative part by inserting the victim's sexual organ into the victim's negative part under the influence of alcohol; and (d) stopped the victim's action to stop and refuse the victim's sexual organ.

In addition, at around 07:00 on the same day, the Defendant, who was divingd from the victim's side, was under the influence of her being broken and drunk, and was in sexual intercourse once again inserting his sexual organ into the negative part of the victim who is in an impossible condition to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the submission ofF letters);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in the crime of quasi-rape, which has committed around 07:0 severe punishment)

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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 disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s personal information and sentence without criminal punishment, and the Defendant’s completion of sexual assault treatment programs alone seems to have a considerable amount of reduction in the risk of recidivism.

Therefore, when comparing the preventive effects and side effects expected by the disclosure order or notification order to the accused.