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(영문) 수원지방법원 안양지원 2019.06.14 2019고합5

강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Around 04:40 on September 9, 2018, the Defendant, while drinking alcohol together with D(Gain, 27 years of age) to the Defendant’s pro-Japanese Ba C, the Defendant told the Defendant to suggest the sexual intercourse with the victim, and the upper limit of the period was the victim, and the victim got out of the toilet, and led the victim to be out of the toilet by drinking the mind of rape and driving the victim into the toilet.

The Defendant continued to lying the victim into the above telecom, putting the victim's arms on the part of the victim, putting the victim's arms on his part, divided the body of the victim into the victim's body, prevents the victim from resisting, and raped the victim's sexual organ by putting the victim's sexual organ out of the lower part and panty, and inserting the victim's sexual organ into the victim's sexual organ once.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol of partial police interrogation of the accused;

1. Videos of a set of c.d. video (to be submitted by a victim);

1. Application of Acts and subordinate statutes of a field photograph (section III), 112 report handling table, two copies of the E contents, and a recording record;

1. Article 297 of the Criminal Act applicable to the crimes;

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 and notify information, and Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the employment restriction order, 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 proviso to Article 2 of the Addenda (Act No. 15452, Mar. 13, 2018) and the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) are difficult to readily conclude that the Defendant has no record of punishment for sexual crimes other than the instant case, and thus, there is no risk of recidivism or re-offending of sexual crimes in light of the fact that the sexual crimes committed by the Defendant are not for an unspecified general female.