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(영문) 대전지방법원 2016.09.08 2016고합99

준강간

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Around November 2012, the Defendant visited the head of the store located in the Japanese Masaro, which is operated by the Victim C (V, 27 years of age) as a customer, and became aware of it with the victim.

On September 1, 2015, the Defendant her husband, her husband, and her husband D with the victim, her husband, and her husband. The Defendant her husband left the airport to travel to the airport for delivery, her husband d and her husband d d d d d d d d d d d d d d d d d d d f d d d d d d k for himself.

On September 204:30 on September 2, 2015, the Defendant knew of the fact that he left the husband of the victim and the victim was locked, and had sexual intercourse by putting his sexual organ into the part of the victim with the victim's clothes which he was unable to resist due to locking by entering the victim's room on the sixth floor of the said lusium, and inserting the victim's sexual organ into the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Application of the E-mail output, and each e-mail statute;

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. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders 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 defendant has no record of being punished for sexual crimes; it is anticipated that the registration of personal information of the defendant and the completion of sexual assault treatment programs would have the effect of preventing re-offending; thus, there is a special circumstance that may not disclose or notify the personal information of the defendant, and the defendant's defense counsel's assertion, the victim is not deep at the time of the case, and is mentally defective or defective.