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(영문) 서울남부지방법원 2014.08.28 2014고합22

준강간

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 240 hours.

Reasons

Punishment of the crime

At around 04:00 on August 31, 2013, the Defendant discovered the victim E (n, 19 years old) who was under the influence of alcohol while driving his vehicle, and found the victim E (n, 19 years old) who was under the influence of alcohol while driving his vehicle, and brought the vehicle from the vehicle for rape, and Da Da Da Da decided to engage in rape, “the vehicle, drink or Han mar,” and her mar on the vehicle, with approximately 1 km away from the vehicle, and her gel in the above F Gel located at a place with approximately 1km away from the vehicle, and had sexual intercourse with the victim, who was under the influence of alcohol by drinking, with the above 102 motherel, and went off the victim’s clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of E;

1. Records of seizure and the list of seizure;

1. Requests for appraisal;

1. A prosecution investigation report (to attachCCTV video data);

1. Crathographic of the place of occurrence;

1. Application of Acts and subordinate statutes on the card sales slips;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify information, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that “any special circumstance that may not give notice of personal information shall be deemed to exist” as one of the grounds for exception to

The issue of whether the defendant's age, occupation, risk of recidivism, etc., characteristics of the crime, such as the type, motive, process, result, seriousness of the crime, etc., the degree and expected side effects of the disadvantage of the defendant resulting from the notification order, the effects of the sex crime that can be achieved, and the effects of the protection of the victim from the sexual crime, etc. shall be determined by comprehensively taking into account the following factors.

(See Supreme Court Decision 201Do14676 Decided January 27, 2012).