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(영문) 청주지방법원 2018.09.07 2018고합115
준강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On January 31, 2018, from around 04:00 to around 05:00, the Defendant: (a) laid off the clothes of the victim E (the family name, the female, the age of 19) who initially fested to drink the drinking at a favorable opportunity at a main point near the same day; and (b) had sexual intercourse by inserting the Defendant’s sexual organ into the sexual organ of the victim.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to photographs, requests for appraisal, requests for genetic appraisal, and requests for genetic appraisal by cutting down each photograph and ctv screen for crime prevention;

1. Article 299 of the Criminal Act, Article 297 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 for disclosure, notification, and restriction on employment, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) (the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for any sexual crime against him/her, or there is a risk of repeating a sexual crime

It is difficult to readily conclude, only with the registration of personal information of the defendant and the completion of sexual assault treatment programs can prevent recidivism.

In light of the Defendant’s age, occupation, family environment, social relationship, method and result of the crime, disclosure order, information disclosure order, preventive effect expected by an employment restriction order, disadvantage and anticipated side effects of the Defendant’s entry, victim protection, etc., there are special circumstances in which disclosure and notification of the Defendant’s personal information or employment restriction order may not be issued.

I think)

When this judgment becomes final and conclusive, the defendant shall be liable to register personal information.

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