beta
(영문) 수원지방법원 2019.05.02 2018고합571

강간

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a space between the victim B (the family name, the female, the age of 20) and the high school that was attending a university such as the same as that of a high school.

The Defendant, around 07:00 on June 22, 2014, 07:0, off the counter-fluor and panty panty of another victim listed above the victim who drank alcohol as the preceding day.

At this time, the victim expressed his/her intention to refuse to do so by shouldering in diving or “I ambling down, I ambling down, and ma, I ambling the defendant’s head with the hand of the victim, and he/she ambling the defendant’s head with his/her face, and sexual intercourse with the victim after suppressing the victim’s resistance by forceing the victim’s two descendants.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of partial police interrogation of the accused;

1. The written statement made by the police against B;

1. A written statement prepared by B;

1. Matters to be investigated against the victim (B) (Evidence No. 3);

1. Application of Acts and subordinate statutes of a medical certificate (Evidence Nos. 4), a written confirmation of consultation (Evidence List No. 17);

1. Article 297 of the Criminal Act applicable to the crimes;

1. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program (Amended by Act No. 14412, Dec. 20, 2016)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders 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; thus, it is difficult to readily conclude that the Defendant has no record of punishment for sexual crimes previously committed, and thus, the Defendant has a risk of recidivism or recidivism; the Defendant’s personal information registration against the Defendant, and completion of sexual assault treatment programs, etc. can have an effect to prevent recidivism.