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(영문) 서울남부지방법원 2020.02.14 2019고합71

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant is suffering from the victim B (n, 20 years of age)'s death.

The Defendant, around 23:00 on February 17, 2018, at the small height recruitment room of the victim under subparagraph D of the Building C in Mayang-gu, Mayang-si, Annyang-si, the Defendant, who was under influence of alcohol, went off all the parts of the victim’s lower, and sexual intercourse with the victim by inserting the sexual organ on the body of the victim’s body into the negative part of the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and E;

1. 112. List of reported cases;

1. Photographs of NAVD and photographic pictures of messages;

1. Application of Acts and subordinate statutes to the family relation certificate, removed copy and resident inquiry association;

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. In full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) 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 fact that the accused has no record of being punished for a sex offense; (c) the registration of personal information of the accused against the accused; and (d) the number of sexual assault treatment programs, which would have an effect to prevent recidivism to a certain extent; and (d) the Defendant’s age, the details and details of the instant crime; and other benefits expected by the disclosure or notification order; and (e) the effect to prevent the disclosure or

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); and Article 3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse;