logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.08.23 2018고합52
준강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On November 9, 2017, the Defendant, as well as the executive officers of the University Council including the Victim B (B, 19 years of age) and C, went to the C's house while drinking alcohol.

On November 10, 2017, from around 02:00 to 04:00, the Defendant: (a) from around 02:00 to around 04:00, the Defendant, under the influence of alcohol between C and C, had the victim an opportunity to sexual intercourse with the victim; (b) had the victim’s fright and panty, who was in a state where he was in a state where he was unable to properly overcoming the body, and had the victim’s knee off and knee off a bridge; and (c) had sexual intercourse by inserting the victim’s sexual organ into the part of the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. A gene appraisal report;

1. A report on investigation (to hear statements from the F phone of a witness);

1. Application of Acts and subordinate statutes to the head of a complaint, written confirmation of counseling, and G dialogue;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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 disclosure order, an order to notify, and an order to restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) and 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 previously imposed for a sex offense and thus, has a risk of recidivism and recidivism of a sex offense against the defendant;

It is difficult to conclude that the effect of preventing recidivism can be expected to some extent only with the registration of personal information on the defendant and the completion of sexual assault treatment programs.

In addition, comprehensively taking account of various circumstances, such as the disclosure order or notification order of this case, the profits expected and preventive effects expected by the employment restriction order, and disadvantages and side effects caused thereby.

arrow