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(영문) 서울중앙지방법원 2017.08.11 2017고합348
강간
Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 23:00 on October 24, 2016, the Defendant first ended with the Victim D (F in Seoul Special Metropolitan City, 21 years of age) at a main line located near Hong-do Hong-dong University, Seodaemun-gu, Seoul, the Defendant: (a) went back the victim, who was in drinking together with the Defendant, with the Defendant’s trade name called “F in Seoul Special Metropolitan City E, by burning the victim,” and (b) went back the victim to the taxi, and (c) on October 25, 2016, around 02:30 on October 25, 2016, the Defendant was trying to put the victim’s her bar and panty, and (d) was trying to put the victim’s her clothes into the same part of the body of the victim, she was tightly her fingerd with the victim’s walk and her clothes, and prevented the victim from leaving the part of the victim’s bridge by inserting the victim’s her finger.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An investigation report (in response to a request for appraisal), an investigation report (examination of the result of execution of a written request for communications), an investigation report (Attachment to the settlement letter of a suspect card);

1. Written response to a request for appraisal;

1. Each record, recording, and recording recording (No. 47 CDs);

1. Application of the statutes governing CCTV CDs;

1. Article 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. 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 order to disclose or notify, and 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 (applicable to the defendant who had no record of criminal punishment prior to the crime of this case)

It is difficult to readily conclude, the registration of personal information on the defendant, and the completion of sexual assault treatment programs can secure the effectiveness of preventing recidivism to a certain extent.

b) appears;

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