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(영문) 창원지방법원 2018.05.03 2017고합257
강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On September 2, 2017, the Defendant: (a) called “A victim E (here, 31 years of age)” (hereinafter “D”) that he/she became aware of through around 01:00 square meters, saying, “A victim would take KRW 100,000 on the front of G located in Kimhae-siF,” and said, “A victim would have taken KRW 100,000,000 to the victim; and (b) became the Defendant’s house, Kimhae-si Office, the Defendant’s house, 701.

The Defendant is forced to place a victim who was seated on his bed her bed at the bed, and then put the victim on his body so that the victim does not resist at the bed, and continuously resisted the victim “at the time of a good horse.”

The term "to prevent the victim from being threatened and forced to be out of the victim's panty and panty, and the victim's bridge was placed between the two legs, and the victim's bridge was sexual intercourse and raped once.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Investigation Report (with respect to I’s text records - Contents of I’s message);

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and 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 Defendant has no record of punishment for a sex offense before the instant case, and thus, has a risk of recidivism and recidivism of a sexual crime due to his/her lack of record of punishment

It is difficult to conclude that the registration of personal information on the defendant and the completion of sexual assault treatment programs can have the effect of preventing recidivism to some extent.

Other benefits and preventive effects expected by the disclosure or notification order of this case, and disadvantages and disadvantages arising therefrom.

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