Rape)

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

The defendant is a victim D(n, 19 years old)'s external relationship.

On March 2015, the Defendant, through E, promised to drink in the room by communicating the victim who became a university student through E, and cultivating an adult age, and promised to report the film in Busan where the Defendant lives and drink it as a drinking period.

On March 17, 2015, at around 17:00, the Defendant, at the vicinity of the G University located in Busan F, seeed the victim as a member of the Plaintiff’s 'I' alcohol house near the H Station of the same Gu. On the same day, at around 23:00 on the same day, the Defendant inducedd the victim as a member of his/her family, i.e., “I., having no good place for diving, so he/she is fine.”

The defendant, at the above time and time, tried to see the victim's hair by hand while drinking the victim's sexual intercourse with the victim in advance, using the victim's mind at around 24:00 on the same day. While the victim was under influence of alcohol, the victim was suffering from her chest by raising the victim's mind, the victim was "Afac", and the victim was facing the defendant's head, and the victim continued to see the victim's finger by hand, and kid with the victim's finger," "after her family member was faced, she was faced," and "after her family member was faced, she was faced, so she was faced," and "the victim was faced, she was faced, she was faced, and she was faced, she was faced, and she was faced, and she was her by his finger.

Therefore, when the victim gets her body from the pain added to the victim's body, the defendant she saw the victim's body behind the victim's body and her body, such as the victim's abusive and verbal abuse, and shows her body that she would cause the victim to suffer any harm if she would not hear the victim's horse, and make the victim she would be called "satise even by hand" and she would cause the victim to suffer from a situation. The victim she took the victim's hand into the victim's mind upon the situation, and then brought the victim's hand into the defendant's sexual organ, and after she took the victim's sexual organ, she tried the victim to sat down and sat down the victim's sexual organ that was born by the defendant. Accordingly, the defendant raped the victim's blood.

Summary of Evidence

1. Legal statement of witness D;

1. Written opinions, comprehensive evaluation opinions, and written confirmation of the use;

1. Investigation report (verification of kinship between a suspect and a victim);

1. Reports on internal investigation (to attach a written statement and a record card of the victim);

Application of Statutes

1. Relevant legal provisions on criminal facts: Judgment on the assertion of the accused and defense counsel under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Summary of the assertion

A defendant has no raped a victim.

2. Determination

In full view of the following circumstances revealed by the evidence, etc. as seen earlier, the facts charged are sufficiently recognized. Accordingly, the above assertion by the accused and the defense counsel is not acceptable. ① The victim made a statement that corresponds to the facts charged in this court. The victim’s statement is somewhat doubtful in the process of the complaint, i.e., inasmuch as the victim’s intrusion occurred on the 0th day of the damage, he was inflicted upon the victim, and she was sent back from the PC to the game, and ② A complaint must be filed one year and eight months after the date of the damage report.

However, in addition to the form, attitude, appraisal, etc. of the victim's statement in this court, the victim's statement is acknowledged credibility when considering the following circumstances: (a) the defendant consistently made a statement from the time of the complaint to the point that he/she got his/her chest into his/her hands, forced sexual intercourse; (b) the victim made a statement under the circumstances: (c) it is difficult to find any special motive or reason to deem that he/she made a statement under the care of the victim's damage to rape, which was not designed to mislead the defendant, who was satisfy before the complaint; and (d) it is difficult to find any special motive or reason to deem

② On the other hand, even according to the statement of the defendant, the defendant met with the victim's chest by drinking alcohol with the victim, talking with the victim's chest, and let the victim talk with the victim by hand, and in light of these statements, the defendant seems to have been the intent of sexual intercourse with the victim. (3) In addition, even though the defendant met with the victim's chest as mentioned above, he did not have resistance, the victim did not have resistance, and (2) the victim did so soon, and the victim was sexual intercourse with the third person, and (4) the defendant gave up his sexual intercourse with the victim's sexual intercourse with the above response, and the defendant renounced his sexual intercourse with the victim's sexual intercourse with the victim, and did not cause the victim to continue his sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse.

However, it is difficult to easily understand that the Defendant, who was a young male who had been suffering from the sexually impaired and continued to grow sexual intercourse, was merely the victim's sexual intercourse, even though the victim, who had been under the influence of the influence of the alcohol, did not resist at any resistance and was easily interested in the chest, and the Defendant, who had been suffering from the sexually impaired sexual intercourse, was merely the victim's sexual intercourse, and resolved the sexual desire by giving up the sexual relationship with the victim and by taking the situation into consideration.

Rather, as the victim's statement was made, it is natural to view that the defendant's act of similarity using the victim's hand was demanded rather than the defendant's statement because the defendant's forced inserting part of the sexual organ was refused by the victim, such as the victim's body bitt, etc.

Registration of Personal Information

Where a judgment of conviction becomes final and conclusive against a defendant, the defendant is a person subject to registration of personal information under the main sentence of 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

In light of the details of a crime subject to disclosure order and notification order, the history of punishment, etc., it is determined that the disclosure or notification order of personal information of a defendant constitutes a case where there are special circumstances that may not disclose personal information of the defendant (Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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

1. Reasons for sentencing: Imprisonment with prison labor for up to 30 years;

2. Scope of recommendations according to the sentencing criteria;

[Scope of Recommendation] General Criteria for rape (subject to the age of 13 or more)

[Special Mitigation] None.

3. Determination of sentence: The crime of this case was committed by the Defendant against a victim who is a private village of seven years, and the responsibility for the crime is very heavy. The victim is suffering from a large mental shock due to the instant case and is suffering to the extent that it has experienced difficulties in daily life until now. Family members of the victim also want to be punished against the Defendant.

Although the defendant did not have any same criminal record, in light of the circumstances of the crime of this case and the relationship between the defendant and the victim, it is inevitable to severely punish the defendant.

In addition to the above circumstances, the age, character and conduct, environment, means and methods of the defendant, the circumstances after the crime, etc. shall be determined as ordered in consideration of all the sentencing factors in the case records and arguments.

Judge Muma decoration

Judges Park Jae-in