beta
(영문) 수원지방법원 안양지원 2016.04.08 2016고합21

강간등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Similar rape Defendant 23:30 on June 30, 2015, when he saw a film with Defendant’s smartphone in the room of the Defendant, located in the Italian Mari-si Cropoly, with the victim D (V, 22 years of age) who is an inmate of the Defendant’s seat in the room of the Defendant’s room located in the Italian Mari-si, the victim is intending to go to the inside room.

“Sick” defect hereinafter Gara

“In talking to the purport, “the victim’s bridge was subdivided into a bridge to suppress the victim’s resistance, and the victim’s chest was boomed with the victim’s clothes, and the finger was boomed with the victim’s fingers, and the victim’s fingers were collected several times with the victim’s quality.

2. On July 1, 2015, at around 12:30 on July 1, 2015, the Defendant: (a) was unable to divide the victim who intends to take place in a toilet into two descendants; and (b) was raped by having the victim off his/her fingers with his/her clothes, including his/her fingers with his/her fingers, and with his/her chests and frights; and (c) had the victim interfered with one another, who was on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. E statements;

1. Application of Acts and subordinate statutes to the closure data of the F dialogue, investigation report (referring to the submission, etc. of screen pictures by dividing the victim and the person under obligation to take a conversation between the victim and the victim), and data to take a F dialogue (suspects and the victim);

1. Relevant Articles 297 and 297-2 of the Criminal Act concerning a crime (a point of rape) of the said Act;

1. The 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 by the heavier punishment for rape);

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 order to disclose or a 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 against Sexual Abuse [the Defendant’s age, family environment, social ties, criminal records, and the risk of recidivism (no criminal records)], and the instant case.