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(영문) 서울서부지방법원 2016.02.17 2015고합291
준강간치상
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant is a current or former professor of the D branch of the Gyeonggi University D, and the victim E (the "23 tax" stated in the indictment of 22 years of age is apparent that it is a clerical error, and such correction is made accordingly).

A person who was a student in the third year of the same department is a former student.

At around 00:00 on December 14, 2014, the Defendant, within the Defendant’s working room located in Mapo-gu Seoul Metropolitan Government F, was drunk and frighted to resist, was frighted to the Defendant’s chest, her chest, her chest, her panty, and panty, went off by inserting the Defendant’s sexual organ into the victim’s sound and her panty, and was raped by inserting the Defendant’s sexual organ into the victim’s sound and her panty, where the victim’s number of days of treatment cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions and Articles 301 and 299 of the Criminal Act concerning criminal facts;

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 shall be considered for 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. In full view of the following circumstances: (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 or notify information; (b) 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’s age, occupation, family environment, criminal record, and risk of recidivism recognized in the record (no criminal record)]; and (c) the benefits and preventive effects expected by the order to disclose or notify this case; and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified;

In a case where a conviction becomes final and conclusive on the facts constituting a crime in the judgment on the registration of new information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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