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(영문) 대전지방법원 천안지원 2017.08.30 2017고합91

준강간

Text

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 December 24, 2016, the Defendant, at the residence of the new wall Busan Dong-gu C building, and the victim D (the age of 22) located in the victim D (the age of 501), f and E, together with the Defendant-friendly job offers E, E, E, the male-born F, and the victim, were locked above the bed, and the Defendant and the victim got out of the room.

Accordingly, the Defendant had sexual intercourse by reporting that the victim was under the influence of alcohol and inserting panty with the victim's spanty and panty, putting his finger over the victim's hand and inserting her chest into the negative part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A request for appraisal or reply to each request for appraisal;

1. Application of the Act and subordinate statutes to the investigation report (Evidence 5);

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 (an order to disclose or notify the registered information may have a significant impact on the defendant, and thus, it is necessary to pay careful attention to such an order.

The crime of this case is not a sexual crime against many unspecified persons, and the defendant has no record of committing a sex crime, and in this case, the risk of recidivism can be reduced by registering personal information and completing a sexual assault treatment program.

In light of various circumstances, such as the defendant's age, sex, family environment, social relationship, etc., the defendant will sustain as an order of disclosure and notification.