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(영문) 울산지방법원 2018.05.10 2017고합398

준강간

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On July 30, 2017, around 15:40 on July 30, 2017, the Defendant reported within 401 Dongdong-gu building A, Ulsan-gu, Ulsan-gu, that the victim E (n, 32 years of age, Ga) is under the influence of alcohol in front of his room, and, thus, the victim was aware of his house under the influence of alcohol and entered the defendant's studio, and the victim was able to look at the victim's breast-gu, Ulsan-gu building A, Ulsan-gu, Seoul-gu, and sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. The defendant's legal statement (the date of the third public trial shall be the date);

1. Statement made by the police with respect to E;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 notify information, 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 fact that the defendant has no record of criminal punishment for a sexual crime, the fact that the defendant has no record of criminal punishment for a sexual crime, the registration of personal information of the defendant against the defendant, and orders to complete a sexual assault treatment program

In full view of the fact that the defendant's age, occupation, family relationship, social relationship, the details and circumstances of the crime of this case, other benefits expected by the disclosure and notification order, the effect of crime prevention, disadvantage and anticipated side effects, etc., there are special circumstances that the disclosure and notification of the defendant's personal information should not be made.

The reason for sentencing

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) any type of sex offense;