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(영문) 수원지방법원 여주지원 2018.07.05 2018고합16
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

The defendant is accommodated in the fifth degree of the victim D (n't, family name, age 28).

From the end of January 2015 to the beginning of February 2015, the Defendant: (a) walked on the part of the victim, who was under influence of alcohol in Gwangjin-gu, Seoul Special Metropolitan City EA 1913; (b) walked on the part of the defendant's house; and (c) laid off the victim's chest with the victim's panty; and (d) inserted the Defendant's sexual flag into the part of the victim's panty.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D;

1. Each investigation report (a report on the attachment of a family relation certificate, a suspect's family relation certificate, and a report on attachment of the suspect or victim's household;

1. Hundd rice tea, picture, and video CDs recorded in victims;

1. Application of the Acts and subordinate statutes on text conversationss and documents sent;

1. Articles 299 and 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 disclosure and notification orders, 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 criminal punishment for sex crimes, and the defendant has no record of criminal punishment for sex crimes, personal information of the defendant and the completion of a sexual assault treatment program can prevent re-offending;

In addition, when considering the overall circumstances, such as the benefits expected by the disclosure order or notification order of this case, the prevention effect of sex crimes, disadvantages and anticipated side effects, etc., the defendant who has registered new information of this case is finally convicted of the facts constituting a sex offense subject to the registration of personal information.

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