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(영문) 창원지방법원 2016.10.25 2016고합145
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 80 hours.

Reasons

Punishment of the crime

The defendant is a person attending the department of D University, and the victim E (the age of 21) is a female-child group of F in the defendant's school line F in the defendant's school line.

The Defendant, from November 2015 to February 2015, Ga and 203 of the Changwon-si's window G and F around February 2015, was her children, and around February 2, 2015, the Defendant was her children to attend the Defendant's home located at the Changwon-si, Changwon-si's home and H at the Defendant's home located at the Changwon-si.

Around 05:00 on March 10, 2016, the Defendant was seeking to sleep by taking advantage of the victim’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the investigation report (the results of a request for appraisal by the National Science Investigation Agency);

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 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, the fact that there is no previous conviction against the defendant under 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 profits and preventive effects expected from an order to disclose or notify, and any disadvantages incurred therefrom.

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