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(영문) 부산지방법원 2019.10.04 2019고합315

준강간치상

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On January 27, 2019, the Defendant discovered the victim C (tentative name, age 20) who was drinking in the stairs of the Busan Jingu, Busan, Busan, 2019, and tried to have sexual intercourse with the victim by using the victim's state of resisting the victim, and went to the victim under the Busan Jingu, Busan, Damo E.

At around 00:55 on the same day, the Defendant had sexual intercourse once with the victim in a state of failing to resist by drinking alcohol, and thereby inflicted injury on the victim in a state of her ability to resist by the treatment days.

Summary of Evidence

1. Legal statement of witness F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to C by the police;

1. Each investigation report (Attachment of victim's medical records, etc., on-site identification reports, response to requests for appraisal, attachment of CCTV images, recording files submitted by a suspect, and attachment of recording files submitted by a suspect);

1. Protocols of seizure (No. 21) and the application of Acts and subordinate statutes of seizure list (No. 22);

1. Relevant Articles of the Criminal Act and Articles 301 and 299 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. An order to disclose or notify personal information under 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse requires careful attention as it may have a significant impact on the defendant, and the defendant has no record of criminal punishment, the punishment prescribed by this court and the employment restrictions on institutions, etc. related to sexual assault treatment, personal information, children and juveniles, etc., and welfare facilities for disabled persons can prevent recidivism to a certain extent.