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(영문) 의정부지방법원 2019.06.20 2019고합42
준강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person working as a factory in both horse factories located in Gyeonggi-si B, and the victim C (V, 57 years of age) is an employee of the above factories, who is an employee of the above factories.

At around 22:00 on November 6, 2017, the Defendant, at the president's office of the above factory located in Gyeonggi-si, drinked with the victim and kneee, knee knee knee knee knee kne knee knee knee knee knee knee knee knee knee kne.

Accordingly, the defendant has sexual intercourse with the victim who has been unable to resist due to locked.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographic materials (the clothes in which the victim was placed) and photographic materials of the mobile phone reported;

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. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Welfare of Disabled Persons Act

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 and a notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; however, it is difficult to readily conclude that the Defendant has committed a second offense of a sexual crime since he/she had no record of punishment for the same kind of crime, and there is no record of punishment for the same crime thereafter. It appears that the Defendant’s order to complete a program, an employment restriction order, and the registration of personal information

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