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(영문) 전주지방법원 2016.10.27 2016고합85
준강간
Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 03:30 on March 2, 2016, the Defendant, at the home of the victim E (Inn, 22 years of age, family name) located in Young-si, Suwon-si, and at the time of having sexual intercourse with the victim’s friendly female-friendly ward, who was locked in the ward together with the victim’s family-friendly ward, and the victim was locked, and had sexual intercourse with the victim under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a request for appraisal, a report on investigation (the result of a request for appraisal);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders 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 recognized the crime of this case and reflects in depth; the crime of this case is the first offender; the crime of this case seems to have been committed contingently; the registration of personal information and the treatment program for sexual assault can be seen to have the effect of preventing recidivism of the defendant to a certain extent only by completing the registration of personal information; and there is a special circumstance in which disclosure and notification of personal information of the defendant should not be disclosed or notified, taking into account the profits expected by the disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry, etc.

1. Reasons for sentencing.

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