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(영문) 의정부지방법원 고양지원 2019.01.08 2018고합247
준유사강간
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall order the defendant to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

The defendant is the husband of the victim B (here, 20 years of age) who is the father of the father.

On August 24, 2018, the Defendant: (a) around 07:30 on August 24, 2018, 07: (b) around the Defendant’s wife in Gyeyang-gu C building, and (c) around the Defendant’s dwelling room in Seoyang-gu Office C building, and (d) around the Defendant’s dwelling room, she sawd the victim’s puck, and (b) Dabucks the victim’s panty, followed the victim’s panty, and put the victim’s panty into a negative part.

In this respect, the Defendant used the victim's mental disorder or non-operance condition, thereby putting the victim's fingers into the victim's sexual intercourse and committing similar rape.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning B;

1. Application of Acts and subordinate statutes concerning the contents of dialogue;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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

1. Reasons for sentencing, including: (a) 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, notify, or restrict employment; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) the proviso to Article 50(1); and (d) the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the instant crime is not an offense against an unspecified victim; and (d) it is difficult to readily conclude that the Defendant is in danger of reoffending of a sexual crime, such as the crime committed against an unspecified victim without the same kind of criminal record; and (e) the Defendant appears to have the effect of preventing reoffending of a sexual crime even with his/her sentence

1. The scope of applicable sentences: Imprisonment for not less than two years nor more than thirty years;

2. The range of recommended sentences according to the sentencing guidelines [the determination of types] shall be the general criteria for sex crimes (subject to at least 13 years of age) and the absence of the first category (general rape) (the scope of recommended sentences).

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