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(영문) 수원지방법원 2016.08.23 2016고합287
강간
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On March 20, 2016, at around 08:00, the Defendant was aware of D's 203 in Gwangjin-gu, Seoul.

E, F를 통해 처음 만난 피해자 G( 가명, 여) 이 일행들과 함께 술을 마신 후 모텔 방을 나가려 하자 강제로 옷을 벗기려 하고 이를 거부하는 피해 자가 피고인의 몸을 밀어 내며 저항하자 팔을 뒤로 꺾는 등 항거 불능케 하여 피해자의 옷을 벗기고 피해자의 가슴과 귀 뒤를 혀로 핥은 다음 피해자의 음부에 피고인의 성기를 집어넣어 간음하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G (tentative name);

1. Each police investigation report (including data attached thereto, in which the personal information of a victim is omitted, CCTV investigation, or genetic assessment report is accompanied) (including data attached thereto);

1. Application of the Acts and subordinate statutes governing Chapter 1 DNA CCTV CDs;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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 in favor of the defendant among the grounds for sentencing);

1. A person for whom a judgment of conviction has become final and conclusive due to the registration of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order 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 the defendant is obligated to submit personal information to the competent agency in accordance with Article 43 of the Act on Special Cases concerning

There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.

The issue of whether the defendant's age, occupation, risk of repeating a crime, characteristics of the offender, such as the type, motive, process, result, seriousness of the crime, etc., the characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance.

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