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(영문) 서울남부지방법원 2013.12.27 2013고합457

준강간

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

From 01:00 on December 15, 2012 to 02:30, the Defendant, along with the Victim F (F) who was entering the “Ebaco clubs” 19 located in Yeongdeungpo-gu Seoul Metropolitan Government, would drink alcohol with the victim F (F, 25 years of age), the victim was able to have his mind lost by drinking the victim, lost his mind, and stude on the studio in the studio, and had sexual organ inserted his sexual organ into the part of the victim, and had sexual intercourse once with the victim by inserting it into the part of the victim.

Accordingly, the Defendant raped the victim who was in a state of her ability to resist by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the suspect of G by the prosecution;

1. The prosecutor's statement concerning the F;

1. Each police statement made to H and I;

1. The application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts

2. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply)

3. The phrase “where it is determined that there are any special circumstances that may not disclose or notify the personal information” as one of the grounds for exception to the disclosure or notification order under the proviso of Articles 37(1) and 41(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is exempt from disclosure or notification order, shall be comprehensively taken into account the Defendant’s age, occupation, and characteristics of the offender, such as the offender’s risk of recidivism, such as the type, motive, process, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure or notification order, the preventive effect of the sexual crime subject to registration, and the effect of protecting the victims of the sexual crime subject to registration, etc.