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(영문) 춘천지방법원 강릉지원 2016.02.18 2015고합85
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

On August 19, 2015, at around 15:00, the Defendant visited the residence of the victim D (Woo, 18 years old) located in the Nam-gu Incheon Metropolitan City 62 Etel, where the victim D (Woo, 18 years old) was living, in order to have a desire to rape the victim during the process of dividing the victim’s talk with the victim.

The defendant kis the face of the victim, opened the victim's kisk, and left the victim's kisk, left the victim's kisk, left the victim's clothes.

그 후 피고인은 피해 자가 다리를 오므리자, 두 손으로 피해자의 무릎을 잡고 강제로 다리를 벌린 뒤 피해자의 성기를 핥은 후, 피해 자의 위에 올라 타 피고인의 성기를 피해 자의 성기에 삽입하였다.

In this regard, when the injured party gets the defendant close and sees the defect, "if the injured party is going to use his force."

"In the body of the defendant, the body of the victim was divided into the body of the defendant, and sexual intercourse was committed once after the resistance was threatened.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to D or F;

1. The response to a request for appraisal, and the application of one copy of the gene appraisal report; and

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 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49 (1) of the Act on the Protection of Juveniles against Sexual Abuse, Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the motive and background of the instant crime, the Defendant is the primary offender, etc.) is likely to recommit a sex crime;

It is difficult to conclude that the defendant's age, disclosure order, or notification order has the degree and expected side effects of disadvantage suffered by the defendant and the victim, and the prevention effect of sexual crimes subject to registration that can be achieved thereby.

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