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(영문) 창원지방법원 2018.07.05 2018고합61
강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is in a post-ship relationship with the father of the victim G (V, 20 years old), and was aware of about four years before the victim.

At around 01:00 on December 26, 2017, the Defendant: (a) provided the victim with counseling about the male-child relationship at the house of the Defendant H and 302, the Defendant: (b) provided the victim with counseling about the male-child relationship; (c) was able to rape the victim while having talked with and talked with the victim; (d) was placed on the side on the part of the victim where the victim was forced to be forced to be invaded by the victim; (e) was frighten and resisting the Defendant; and (e) went off the victim’s hand; and (e) went off the victim’s body so that the victim did not resist; and (e) the victim did not resist; and (e) was raped by having sexual intercourse once with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of G;

1. Written complaint;

1. Embrypt photographs of the I message;

1. Medical records for victims of sexual assault;

1. A criminal investigation report, a gene appraisal report, and a photograph of the appraiser;

1. Application of Acts and subordinate statutes to an investigation report (with regard to a request for appraisal) and a gene appraisal report;

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 (the defendant has no record of criminal punishment for a sex offense before, and thus, has a risk of recidivism or recidivism of a sex offense against the defendant;

It is difficult to conclude that the effect of preventing recidivism can be secured to some extent by issuing a sentence to the defendant, registering personal information, and completing a program.

In addition, the defendant's age, occupation, family environment, social ties, circumstances before and after the crime, etc. are considered.

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