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(영문) 인천지방법원 2014.07.24 2014고합212

강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On August 31, 2013, at around 03:50, the Defendant: (a) carried the victim’s pelf adjacent to the residence of the victim C (Inn, 19 years of age) located in the Namdong-gu Incheon Metropolitan City (hereinafter referred to as “C”), went to the Defendant’s car, and followed the victim into the Defendant’s car, and forced the victim by putting the defective victim by getting off the car from the car, and putting the victim into force by putting the string the string of the string and the string of the string of the string; (b) forced the victim to string the string of the string and the body of the string of the string; and (c) forced the victim to string the string of the string and the string of the string of the string.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes to investigation reports (to hear and report the statement of the D phone call);

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In light of Article 47(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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant committed the instant crime against a single victim somewhat contingently and contingently, such as the Defendant’s absence of the same sex offense power, etc., it is difficult to deem that the risk of repeating a sexual crime is difficult, and the Defendant’s personal information should not be disclosed or notified, taking into account all the circumstances such as the profits and preventive effects expected from the disclosure