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(영문) 수원지방법원 평택지원 2017.11.24 2017고합148
준강간
Text

A defendant shall be punished by a maximum of three years and a short of two years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant, with the introduction of a person, had the victim C (V, 20 years of age) who first met in the drinking place and had his mind lost, and had the mind to rape.

On July 13, 2017, at the E convenience point located in Ansan-si, A around 03:20 on July 13, 2017, the Defendant: (a) taken the part of the victim’s chest and the part of the victim’s chest and the part of the victim’s chest were fasted on the cement floor; (b) taken the part of the victim’s chest and the part of the victim’s chest, left the victim out of the cement floor, and left the victim’s body and left the convenience point, leaving the victim’s body softened on the front of the F-si in Ansan-si, 03:27 on the same day; and (c) taken the part of the victim’s chest and the part on the cement floor; and (d) taken part of the victim’s chest and the part on the cement floor, left the victim’s left part and the left part, and left the victim’s wall, and went away from the victim’s sexual intercourse, and then left the victim’s wall, leaving the victim’s mind.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;

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. 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, and Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (where a defendant is a child or juvenile), where the conviction of a defendant who has registered his/her new information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, he/she shall submit personal information to the competent agency pursuant to Article 43 of the same Act.

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