logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.01.30 2017고합273
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

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

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

Reasons

Punishment of the crime

At around 00:37 on August 16, 2017, the Defendant drinked alcoholic beverages with his own high-class social village or the victim (the 23 years of age), and, at around 00:37 on August 16, 2017, the Defendant, who was under the influence of alcohol at the DaMoel 808 Ho-si, Gosi-si, Gosi-si, Gosi-si, Gosi-si, had the Defendant take the her arms of the victim who want to go the above her body to go back to the above her body, she was placed on the her part of the victim, taken the her arms to go back to the above her body, and prevented the victim from resisting the victim, and forced the victim to go off the her will and panty, and had sexual intercourse once with the victim.

Accordingly, the defendant raped the victim's kinship.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. On-site reports on results of field identification, response to requests for appraisal (2017-S-900), response to requests for appraisal (2017-S-903);

1. Application of Acts and subordinate statutes to investigation reports (verification between suspects A and victims E-Sa relationship) and accompanying documents;

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

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 factors, such as favorable circumstances, etc. 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. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; (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 Defendant’s age, environment, criminal record, risk of recidivism recognized through the records and changes of the records in this case; and (c) profits and preventive effects expected by the disclosure or notification orders in this case; and (d) disadvantages and side effects therefrom, there are special circumstances that may not disclose the Defendant’s personal information.

(C) Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a conviction is finalized for the crime of this case, which is a sex offense subject to the registration of new information, the defendant.

arrow