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(영문) 부산지방법원 2019.07.19 2019고합142
준강간
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 40 hours.

Reasons

Punishment of the crime

From December 27, 2018 to December 20, 2018, the Defendant was a victim B (a person, a woman, 28 years of age) and a company partner relationship with the victim B (a person, a person, and a person, a person, a person, a person, a person, a person who is a victim and a person who is a person who is in the workplace,

On December 28, 2018, the Defendant, at around 00:01 on December 28, 2018, took the victim's house and took the victim's house. At the main point, the Defendant off the victim's clothes of the victim in the state of mental disorder due to taking the victim's room in Busan Jung-gu Do, and added the victim's sexual organ into the part of the victim's sound.

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

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. E details;

1. Stoptopy photographs;

1. Application of Acts and subordinate statutes to each gene appraisal document;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. An order to disclose or notify personal information under Articles 47(1) and 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 need to be careful in that it may have a significant impact on the accused. This court’s punishment and punishment seems to have an effect to prevent recidivism to a certain extent solely on the completion of sexual assault treatment programs, registration of personal information, employment restrictions on institutions, etc. related to children and juveniles, etc. and welfare facilities for disabled persons. In addition, considering the Defendant’s age, family relationship, social relationship, motive and consequence of the crime, method and consequence of the crime, the degree and expected side effects of the Defendant’s entry by the order to disclose or notify information, and the effect of the protection of the victims thereof, the Defendant’s personal information.

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