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(영문) 제주지방법원 2018.04.12 2017고합217

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

On August 6, 2017, the Defendant, along with the Defendant around 03:30 on August 6, 2017, between the Defendant and the Victim C (inn, 20 years of age), and the Defendant and the Victim D’s relative residence, Ebudio 502, with which the Defendant and the Victim’s relative D reside, had sexual intercourse with the victim by using the Defendant’s breath and her inner part of the Defendant’s sexual organ inserted the Defendant’s sexual organ into the Defendant’s negative part under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of the F content of the Act and subordinate statutes to the suspect and the victim after the case

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

1. 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 disclosure order and a notification order, 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 Defendant has no record of criminal punishment before committing the instant crime, and the Defendant has no record of criminal punishment, and the Defendant’s sentence of punishment, personal information registration, and sexual assault treatment program can be prevented from reoffending in the future;

In full view of other circumstances shown in the records, such as the defendant's age, the profits and preventive effects expected by the order of disclosure or notification to the defendant, and disadvantages and side effects resulting therefrom, there are special circumstances in which the defendant may not disclose or notify the personal information.

[Determination]

Where a conviction becomes final and conclusive on the facts constituting the crime on which the registration of personal information is made, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43