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(영문) 서울중앙지방법원 2017.11.16 2017고합740

준강간

Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On November 6, 2016, the Defendant, along with G and D, in F located in Gangnam-gu Seoul with the new wall Seoul on November 6, 2016, went together with the victim G (names, 27 years of age) and his-friendly job offering H (names) and became aware of the victim. At around the same day, the Defendant and the Defendant in Gangnam-gu I, Gangnam-gu and the above C were able to sleep by drinking in the ward where they reside together with the victim’s chest and panty, and had sexual intercourse once with the victim by inserting the victim’s lower and panty, and inserting the sex into the part of the victim’s drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Request for appraisal (list of evidence 10), written appraisal (list of evidence 27);

1. A victim G (tentatively named) photograph, etc.;

1. A report on internal investigation (Evidence list 18);

1. Application of each investigation report (Evidence List 19,26) statute;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 disclosure and notification orders, 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 defendant has no record of punishment for a sexual crime, the fact that the defendant has no record of punishment for a sexual crime, and the defendant's personal information registration of the defendant and orders to complete a sexual assault treatment program can be expected

Considering the relationship between the defendant and the victim, there is a sexual crime tendency against many unspecified people only for the crime of this case.

It is difficult to conclude otherwise in light of all the circumstances, such as the Defendant’s age, family environment, and social ties, etc. revealed in the instant pleadings.