beta
(영문) 대전지방법원 2019.02.14 2018고합330

강간

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant was aware of the victim B (n, 32 years of age) and the CEO course 40 days at C University around April 2015.

On October 30, 2017, at around 22:00, the Defendant: (a) placed the victim’s fingers who were seated in a sloping room located in the Jung-gu World War, Daejeon; (b) placed them on the bed; (c) prevented the victim from breaking the victim’s fingers by one hand; and (d) placed the victim’s fingers in the bed and pansty in another hand; and (c) putting the victim’s fingers over the part of the victim’s pans; and (d) inserted the victim’s sound into the part of the victim’s pans, thereby committing rape.

Summary of Evidence

1. Legal statement of the witness B;

1. The police statement concerning B;

1. Complaints and investigative reports (reports on recording statements of victims);

1. Details of text conversations and text of the suspect and the victim;

1. Maurgraphic photo of the place of occurrence;

1. Application of Acts and subordinate statutes to a request for appraisal, report on appraisal (No. 1), and report on fact-finding;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order, Notification Order, and Employment Restriction 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, and the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) is not an offense against many unspecified persons; the defendant has no record of punishment for a sexual crime; the defendant's personal information registration of the defendant against the defendant and the completion of sexual violence treatment program are expected to have the effect of preventing re-offending; the defendant's age, family environment, background of the crime of this case, disclosure notification order, and employment restriction order are expected to have any disadvantage and side effects expected to be inflicted on the defendant.