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(영문) 의정부지방법원 2018.08.10 2018고합115

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

On February 10, 2017, the Defendant performed drinking together with the victim D (the victim, the 18-year old age), the victim's friendship E-mail, etc. at the nearest main place in the Defendant's residence, 101, Dong 1403, Dong-si, Madong 101, Dong 1403, and carried the victim's residence.

The Defendant placed the victim under the influence of alcohol on the part of the Defendant’s room. While the victim, who was in a mental disorder, tried to cause the body of E with a large sound, he was unable to properly hold the body under the influence of alcohol, and the Defendant was forced to be off the clothes of other victims on the body of the victim in the above condition, and sexual intercourse with the victim.

At the time, the injured person was unable to resist physically under the influence of alcohol, and the fact that the accused used the victim's status was specified.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. The defendant's legal statement (as at the second date);

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Children Exempted from an order to disclose or notify such information (the defendant is likely to commit sexual assault against many and unspecified persons);

It is difficult to view the recidivism of sexual crime against the defendant in the future, and it seems that the criminal sentence against the defendant, the registration of personal information, and the program completion order for sexual assault treatment can be effective.

If so, there is a special reason that the defendant should not disclose or notify personal information.

Since it is judged, the defendant is exempted from disclosure and notification order.

1. Grounds for sentencing in the main sentence of Article 56 (1) of the Act on the Protection of Children against Sexual Abuse;

1. The range of applicable sentences: Imprisonment for not less than three years.