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(영문) 서울북부지방법원 2018.06.08 2018고합113
준강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant is an employee of the Gangnam-gu Seoul Metropolitan Government “D club” in Gangnam-gu.

On January 12, 2018, the Defendant, at around 03:00, committed sexual intercourse with the victim E (the name, the 30-year-old age-) who is a customer and the victim under drinking alcohol at the above D club on January 12, 2018, went into the victim “G” telecom 201, located in Seoul Jung-gu, Jung-gu, Seoul, and went out of the victim’s clothes.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Photographss, two CCTV images CDs, replys to a request for appraisal (emergency keys to a victim), and correspondences to a request for appraisal by cutting off CCTVs;

1. Application of the Act and subordinate statutes to an investigation report (as to the hearing ofG staff statements);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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 disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant is an initial offender who has no record of being punished for a sexual crime).

The crime of sexual assault of this case alone has the tendency to sexual assault against many unspecified persons to commit the crime of this case.

It is difficult to see it.

It can be effective to prevent the recidivism of the defendant even if the defendant completed the registration of personal information and the program for sexual assault treatment only.

I seem to appear.

In light of these circumstances, there are special circumstances in which the personal information of the defendant may not be disclosed or notified to the public in light of the defendant's age, motive and method of the crime, character and character environment,

As such, the reason for sentencing is to exempt the defendant from disclosure and notification order.

1. Scope of applicable sentences under law: Three years to thirty years; or

2. The scope of punishment recommended on the sentencing criteria [the types of sex offenses] shall be general standards;

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