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(영문) 의정부지방법원 고양지원 2018.06.19 2018고합61

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 40 hours.

Reasons

Punishment of the crime

The defendant is between the victim E (n, 22 years of age) and the friendship who had known from the high school.

At around 05:00 on January 13, 2018, the Defendant, at the room of the Defendant, who had a domicile of the Defendant, f701, 305, Goyang-dong, Yongsan-gu, Sinsan-gu, f. 305, the Defendant taken the victim by drinking the victim, she was sleeped from the floor, was sleeped from the victim’s sleep and was placed on the part of the victim, and had sexual intercourse by inserting his sexual organ into the part of the victim’s sound.

Accordingly, the defendant had sexual intercourse with the victim who was in an incompetence by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A response to each request for appraisal and a gene appraisal report;

1. Application of the Act and subordinate statutes to report on investigation (on-site photographs taken by victims);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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, and 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 crime of this case is not against an unspecified victim, but is not against an unspecified victim, and the defendant has no record of criminal punishment for the same crime as this case, and there is a risk of repeating a sexual crime against a defendant;

It is difficult to conclude that the defendant has an effect to prevent the re-offending of a crime even with the sentence’s punishment, order to complete a program, and registration of personal information.

In full view of other social benefits expected by an order to disclose or notify the personal information of the accused, and all other circumstances such as the effects of sexual crime prevention, disadvantages and anticipated side effects of the accused, there are special circumstances in which the personal information of the accused may not be disclosed or notified.

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Reasons for sentencing

1. The range of applicable sentences: Imprisonment for a term of three years to thirty years.