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(영문) 청주지방법원 2016.09.23 2016고합124
준강간
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2016, at around 20:00, the Defendant drinking alcohol with the victim E (the age of 21) in a restaurant of “D” located in “D” in “Cheongju-si, Cheongju-si,” and on around 29:20 of the same month, the victim was unable to hold the body under the influence of alcohol, and the victim was her body under the influence of alcohol, and the victim was her fel in the same Dong with “Fel” in the same Dong, and her was her fel off the victim’s clothes on the bed, exceeded the clothes of the locked victim, and sexual intercourse was committed once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs, investigation reports, and CCTV photographs on crime scene;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 Attend;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 punishment for a sexual crime and thus, is likely to have a habit

It is difficult to conclude that the effect of preventing recidivism can be expected to some extent only with the sentence of the Defendant and the completion of the sexual assault treatment program.

In full view of other circumstances such as the profits expected by the disclosure notification order of this case and the preventive effects, disadvantages and side effects resulting therefrom, there are special circumstances in which the personal information of the defendant may not be disclosed or notified.

In the event that a conviction is finalized on the criminal facts stated in the decision to register new information and submit them, the defendant is punished for sexual crimes.

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