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(영문) 인천지방법원 2016.11.25 2016고합457

준유사강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On April 30, 2016, at around 01:00, the Defendant: (a) reported that the victim D (here, 43 years of age) who was a happy person in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, was under the influence of alcohol and entered into the road while under the influence of alcohol, and (b) went to the third floor according to the victim.

In addition, the Defendant, in front of the front of the front door door of the entrance, taken the form of the victim's panty by leaving the victim's bucks and panty to do so, and put the victim into the front door of the Defendant's left seat and the hand over twice.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s mental or physical state of difficulty.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. A gene appraisal report;

1. Voluntary report, 112 reported case handling table, and each photograph;

1. Application of Acts and subordinate statutes to investigation reports (fields, etc.);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused falls under a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall submit personal information to

The exemption of the disclosure order and notification order is the primary offender, the crime of similar rape in this case is not a sexual crime against many unspecified persons, the registration of personal information, and the completion of sexual assault treatment program can have considerable effects on preventing recidivism of the defendant. In addition, in light of all the circumstances, such as the defendant's age, family environment, social relationship, etc., the disclosure order is disadvantageous to the defendant due to the disclosure notification order.