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(영문) 의정부지방법원 고양지원 2018.07.24 2017고합277
강간
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 17:00 on July 2, 2017, the Defendant: (a) at the house of the Victim E (the 26-year old-old), which was a son in the past where the building D was in operation 307, and had been in operation, the Defendant committed sexual intercourse by preventing the victim from resisting against the victim’s pande and pandeing the victim’s chest by drinking the victim, walking the victim’s chest by walking the victim’s secret, and walking the victim’s chest, the Defendant stated, “I would like to do so. I would like to do so,” and “I would like to do so, I would like to do so. I would like to do so.” Even though the Defendant expressed his intention to refuse to do so by pushed the Defendant’s hand, the Defendant knicked the two descendants of the victim by one hand, by failing to resist the victim’s panty and panty.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E;

1. Statement made by the prosecutor and the police for E;

1. Application of Acts and subordinate statutes to recording recording of the conversations between the Ff course photographs, cell phone recording files, CDs, the accused, and victimized parties of telephone conversations;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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, notify, or restrict employment; 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 proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the instant crime is not against an unspecified victim; the instant crime is not against an unspecified victim; the Defendant does not have the same criminal record; and there is a risk of repeating a sexual crime;

It is difficult to conclude that the defendant has an effect to prevent the re-offending of a crime even with the sentence’s punishment, order to complete a program, and registration of personal information.

All other circumstances, such as disclosure order, notification order, and employment restriction order, social benefits expected by such order, prevention of sexual crimes, disadvantage and anticipated side effects of the accused, etc.

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