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(영문) 춘천지방법원 2014.10.17.선고 2014고합39 판결

성폭력범죄의처벌등에관한특례법위반(특수강간)

Cases

2014Gohap39 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape)

Defendant

1.A

2.B

Prosecutor

Excursion ship, leapna (public trial)

Defense Counsel

Attorney C (for the defendant)

Imposition of Judgment

October 17, 2014

Text

Defendants shall be punished by imprisonment for a maximum term of three years and by imprisonment for a short term of two years and six months.

To order the Defendants to complete the sexual assault treatment program for 40 hours each time.

Reasons

Criminal facts

From February 22:00 on February 9, 2014, the Defendants came to know through Defendant A and Pinsbuk at the main point of “F” located after Chuncheon University on the same D School on February 22:0, 2014, and came to know of the first time through Defendant A and Pins North Korea, and, after drinking alcohol, the Defendants were able to rape the victims by advertising the victims as they were unable to grow a mind under the influence of alcohol, and went to the victim on February 10, 2014.

At around 01:30 on February 10, 2014, Defendant A: (a) laid off the clothes of the victim; (b) laid off the victim from the bed, put the victim into the bed; (c) put the victim’s sexual organ into the bed part of the victim; (d) cut the victim’s hand knife the victim’s knife, bife the victim’s knife the victim’s knife; and (e) continued to have sexual intercourse with the victim; and (e) continued to have the victim’s knife the victim’s knife, who was waiting under the bed part of the bed part of the bed part.

Accordingly, the Defendants jointly raped the victim.

Summary of Evidence

1. Legal statement of witness G;

1. The prosecutor's statement concerning G;

1. Each written diagnosis;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act (Optional to Imprisonment with prison labor);

Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act

1. Illegal punishment;

Articles 2 and 60(1) of the Juvenile Act

1. Order to complete programs;

The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Judgment on the Defendants’ and defense counsel’s assertion

1. Summary of the assertion

The defendants' sexual intercourse with the victim is consistent with the victim's intention, but it is only against the victim's will.

2. Determination

In light of the following circumstances acknowledged by the court's lawful adoption of evidence, ① the victim was raped on February 9, 201 by her husband, and the victim was frightened by Defendant B at the time of rape, and the victim was frightened with Defendant B at the time of rape. In light of the fact that the victim was frightened and frighted, it was difficult for the victim to see that the victim was frighten and frightened by her husband at the time of rape, and that it was difficult for the victim to frighten, and that the victim was frighten of the victim's frighten and fright at the time of rape, and that it was difficult for the victim to frighten and frighten the victim's frighten, and that the victim was frighten of the victim's fright at the time of rape, and that the victim was frightd with the victim's body.

Therefore, the defendants and defense counsel's arguments are not accepted.

Reasons for sentencing

1. Scope of applicable sentences: Two years and six months to 15 years respectively;

2. The Defendants do not apply the sentencing criteria to juveniles upon prosecution.

3. Determination of sentence: Three years of imprisonment for each long term and two years and six months of imprisonment for a short term;

The Defendants, while drinking alcohol together with the victim, became the victim under the influence of alcohol, were raped with the victim her body. The Defendants committed these crimes by the Defendants, which are very poor in the nature of the crime, are highly likely to cause social and ethical criticism, and the victim suffered a huge mental shock and suffering due to this incident, and the victim was punished against the Defendants who attempted to seek a letter of drinking or not against it. In view of the fact that the victim was able to seek a letter of drinking and seek a punishment corresponding thereto, the victim should be punished.

However, considering the fact that the Defendants are juveniles, the degree of tangible force exercised during the course of the instant crime, and other various circumstances, including the motive and background of the instant crime, the Defendants’ age, character and conduct, family relation, criminal records, circumstances after the instant crime, and statutory punishment, the sentence identical to the order shall be determined.

Disclosure and Notification Orders

As seen earlier, as seen in the grounds for sentencing, the Defendants are still juveniles, and in the instant case, it appears that only the registration of personal information and the participation in sexual assault treatment programs can expect the effect of preventing the Defendants from reoffending. In full view of the Defendants’ age, character and conduct, environment, etc., the Defendants’ personal information should not be disclosed or notified. As such, the Defendants’ personal information should not be disclosed or notified pursuant to the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting the instant crime against the Defendants, the Defendants are subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and are obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

It is so decided as per Disposition for the above reasons.

Judges

The number of lectures (Presiding Judge)

Ethical police officer

Ise Jina