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(영문) 대전지방법원 2017.06.22 2016고합491
준강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 24, 2016, the Defendant, at around 02:00 on August 24, 2016, served the victim E (the victim E (the victim 24 years of age) while drinking the alcohol at the house of "D" located in Daejeon Seo-gu Daejeon, Daejeon, and came to work for the victim from around 04:00 to around 05:00 on the same day, and went to the residence of the victim in Daejeon Seo-gu F.

At that place, the Defendant dumpeded off the victim’s half panty and panty, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses E and G;

1. The legal statement of the witness H in part;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E, G, and H;

1. A currency and voice storage file, e-mail, e-mail, and e-mail stored file, e-mail, and e-mail received from G;

1. A CD(CCTV) video storage prior to the victim’s residence;

1. Application of one copy of the comprehensive written opinion of the Seaba Center;

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

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 subject to Disclosure Order and Notice Order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse; (c) Articles 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse; and (d) the Defendant’s age, family environment, social relationship; (d) the details and result of the instant crime; (e) the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order; and (e) the prevention of sexual crimes that may be achieved due to such disclosure order; and (e) the effect of protecting the

The defendant and the defendant.

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