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(영문) 인천지방법원 부천지원 2018.02.19 2017고합285

유사강간

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a visual disabled person.

On November 13, 2017, the Defendant attempted to mislead the stairs from the stairs between the first and second floors of the building located in Kimpo-si, Kimpo-si, Kimpo-si, around 13:00.

C. As a result of the examination conducted by the victim D (the age of 30) who had been under his control, seeing the beer of his hand, and limited his chest and ship, and put his fingers into the quality of the victim by inserting his fingers into the panty of the victim.

As a result, the defendant forced the victim to take the fingers into consideration during the victim's sexual intercourse and has been raped.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse, where a conviction becomes final and conclusive with respect to a sexual crime against the Defendant who has registered personal information, the Defendant constitutes 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 thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than thirty years; and

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the general criteria for sex crimes (subject to at least 13 years of age) and the types of crimes of rape [the scope of recommended punishment] [the scope of punishment] from August to April (the basic area, adult similar rape, and the upper and lower limits of the scope of punishment shall be mitigated to 2/3, respectively);

3. Determination of sentence: Imprisonment with prison labor for a two-year defendant has committed similar rapes against a victim who has assisted himself in good faith, who is a visual disabled person.

In this case, the victim was suffering of sexual humiliation and fear, and the victim was willing to strong punishment against the defendant.

Although the Defendant recognized the instant crime, the Defendant erred.