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(영문) 의정부지방법원 고양지원 2018.08.28 2018고합89
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

At around 02:00 on January 28, 2018, the Defendant, along with three high school windows, including the victim E and the victim E (F, 24 years of age), was in a clive game, and was in a clive line with the victim in order to perform the penal provision of “Slive game” while carrying out the clive game, the Defendant moved the above clive to Fel with the victim in order to perform the penal provision of “the clive game to get off all the clothes in the clive toilet,” but the Defendant was unable to engage in sexual intercourse by reporting that the victim was under the influence of alcohol from the above F clive toilet with all the clothes cut off from the clive bed, and then inserting the victim’s clive flag on the part of the victim, and inserting the victim’s sexual flag on the part of the other victim into the victim’s port and harbor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of G and H;

1. Application of the statutes of the response request for appraisal;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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, notify, or restrict employment; 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 proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no same criminal record or any other general risk of recidivism of a sexual crime);

It is difficult to conclude that the defendant has an effect to prevent the re-offending of a crime even with the sentence’s punishment, order to complete a program, and registration of personal information.

The reason for sentencing is to consider the social benefits expected by an employment restriction order, the social benefits expected by an employment restriction order, the prevention effect of sexual crimes, the disadvantage and anticipated side effects of the defendant, etc.

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

2. The scope of punishment recommended according to the sentencing guidelines [the types of sex offenses].

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