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(영문) 서울서부지방법원 2016.02.16 2015고합247
준강간
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

On January 9, 2015, the Defendant would be able to get a victim D (V, 21 years of age) who was under the influence of alcohol in around 19:00 and was under the influence of drinking at around around 19:0, and was under the influence of drinking.

At around 22:00 on the same day, after entering the victim's house located on the third floor of the Mapo-gu Seoul Mapo-gu building E, the body was met, and the victim's chest was spanty and panty, and the victim was sexual intercoursed once by inserting panty and inserting panty.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Each police statement made in relation to D, F and G;

1. Each written request for appraisal, each written appraisal, and the table of 112 reported case processing;

1. Application of Acts and subordinate statutes to criminal investigation reports (Attachment of photographs taken by a victim), investigation reports (Attachment of photographs taken by a police officer dispatched to the scene at the time of the occurrence of the case), investigation reports (to visit the victim's residence and photographic pictures);

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 all the circumstances, including the fact that the defendant is the initial offender, and the profits and preventive effects expected from the disclosure or notification order of this case and the disadvantages and side effects therefrom, there are special circumstances in which the disclosure or notification of the defendant’s personal information may not be made, in addition to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure or notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Crimes (the defendant is the initial offender, and

In the event that a judgment of conviction becomes final and conclusive on the above criminal facts against a defendant who has registered new commercial information, the defendant is a person subject to registration of personal information under the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of

Judgment on the argument of the defendant and defense counsel

1. The argument.

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