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(영문) 부산지방법원 서부지원 2019.06.13 2019고합57

준강간치상

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On October 1, 2018, the Defendant, under the influence of alcohol within the Defendant’s vehicle (E) parked in a new wall-based D public parking lot located in Busan, Busan, Busan, the time limit of October 1, 2018, and locked out the victim’s clothes, and inserted his sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim who has been under the influence of alcohol and thereby has sustained acute stress disorder and so forth that the victim needs to be continuously treated for not less than six months.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Each police statement made to B (alias) and F (alias);

1. Each written application for carbon in B;

1. Each medical certificate of doctor G, doctor H and I on B prepared by each doctor G, doctor H and I;

1. Application of Acts and subordinate statutes, such as a medical certificate (from 67 to 73 pages of a record of evidence) ;

1. Article 301 of the relevant Act concerning the facts constituting an offense and Articles 301 and 299 of the Selective Act;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered 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;

1. Articles 47(1) and 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 age, occupation, risk of repeating a crime, the type, motive, process of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entry due to the order to disclose or notify information, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc. shall be comprehensively taken into account;

1. The accused of the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse who are exempted from employment restrictions orders;