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(영문) 광주지방법원 2020.02.07 2019고합529
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 40 hours.

Reasons

Punishment of the crime

Defendant

In addition, around 04:00 on June 29, 2019, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") was a taxi engineer, and around 04:00, the victim D (tentative name, female, and age 29) who was drunk in the core of the "C" located in Seo-gu, Seo-gu, Gwangju as a customer, was able to commit rape of the victim. The victim was able to commit rape under the Seo-gu EcomF of Gwangju, and the Defendant’s sexual organ was inserted into the victim’s sound book.

Accordingly, the defendant raped the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. The application of Acts and subordinate statutes to a reply to the request for appraisal, a legal chemical appraisal report, and a gene appraisal report;

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. In full view of the following: (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 sole fact of taking part in life with the accused, registration of personal information, and sexual assault treatment programs against the accused is anticipated to a certain extent to prevent recidivism; (c) the degree of disadvantage and anticipated side effect of the accused’s injury due to an order to disclose or notify information; (d) the effect of preventing sexual crimes subject to registration that may be achieved therefrom; and (e) the effect of protecting the victims of sexual crimes subject

1. Grounds for sentencing under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Scope of punishment by law: Three to thirty years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be general.

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