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(영문) 대전지방법원 천안지원 2017.12.13 2017고합228
준강간
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

On July 20, 2017, at around 19:30 on July 20, 2017, the Defendant drinking alcohol to C and the victim D (one person, half person, 36 years of age) who was a high school, only seven years.

At around 21:20 on the same day, the Defendant returned home in the south-dong, south-gu, East-gu, East-gu, the Defendant 21:20 on the same day after returning home first, and the victim was deprived of the influence of alcohol, caused the victim's sexual intercourse with his sexual organ written on the body of the victim by using his mental and physical loss by using the victim's body and body loss on the the table table, and coming up with the victim's chest, met several times the victim's chest, putting his finger in the panty of the victim who is short of the victim's finger, and cut off both the victim's will and panty, putting the part of the victim's finger and panty, putting the part of the victim's sexual organ written on the body of the victim into the part of the victim.

Accordingly, the defendant raped the victim by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Arrest reports on the occurrence of the case, reports on internal investigation (on-site conditions, etc. at the time of dispatch), and investigation reports (CCTV investigation);

1. Application of the Acts and subordinate statutes on CCTV storage in cases of crimes, such as photographs of on-site and CCTV images, CCTV images to captures at the scene of crimes, and CCTV images;

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 an order to disclose or notify information, 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 (an order to disclose or notify the registered information may have a significant impact on the defendant, and thus, it is necessary to pay careful attention to such an order.

The crime of this case is not a sexual crime against many unspecified persons, and the defendant has no record of committing a sexual crime, and in this case, personal information is registered.

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