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(영문) 대구지방법원 2019.08.30 2019고합130
강간
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

At around 05:00 on February 24, 2019, the Defendant came to know that D’s female-friendly job offers E (the age of 31) while drinking alcohol together with D with D was in the house of D, and D came to be in singing with other friendships. At around 06:30 on the same day, D was found to be in the house of D located in the Daegu Northern-gu, Daegu Northern-gu, Seoul, and opened a corrected door to 06:30 on the same day, the Defendant got out of the house of D, and got out the locked part of the victim’s sound. The Defendant her fingered the victim’s grandchildren with the victim’s hand, detained the victim’s resistance on his body, and her chested the victim’s chest, her part, and her part, and rape the victim by sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement by the police about E (including attached materials);

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to report internal investigation (including list of evidence Nos. 7 and accompanying materials), investigation report (including list Nos. 15 and accompanying materials);

1. Article 297 of the Criminal Act applicable to the crimes;

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 information, 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 (it is difficult to readily conclude that there is a risk of recidivism or recidivism against a defendant on the grounds that the defendant has no record of being punished for a sexual crime prior to the crime in this case). In addition, taking full account of the following: (a) the adverse and anticipated side effects that the defendant may suffer due to an order to disclose or notify information on the defendant; (b) the defendant’s age, occupation, family environment; (c) social relationship; and (d) the motive, means,

1. Protection of children and juveniles against whom an employment restriction order is issued;

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