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(영문) 서울남부지방법원 2020.02.14 2019고합435

준강간

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant and the victim B (the name, the age of 25) are between the same company and the same company.

At around 00:00 on May 14, 2019, the Defendant, at around 00:0, had sexual intercourse with the victim, who was unable to look at mind due to drinking alcohol, was off the clothes of the victim, and was sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. On-site photographs, investigation reports (related to the on-site CCTV verification), and closure screens;

1. Application of Acts and subordinate statutes to a gene appraisal statement;

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. In full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) 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 fact that the accused has no record of being punished for a sex offense; (c) the registration of personal information of the accused against the accused; and (d) the number of sexual assault treatment programs, which would have an effect to prevent recidivism to a certain extent; and (d) the Defendant’s age, the details and details of the instant crime; and other benefits expected by the disclosure or notification order; and (e) the effect to prevent the disclosure or

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. Scope of punishment by law: Three to thirty years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(a) the crime of rape (at least 13 years of age);