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(영문) 제주지방법원 2018.03.15 2018고합2
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The Defendant, as an external third village of the victim C (V) from around 23:00 to around 23:55 on November 13, 2017, was raped by sexual intercourse with the victim by forcing the victim to put the victim's bridge and inserting him/her into the drinking room during the period of drinking as the victim, getting out of the clothes of the victim under diving, getting out of the victim's room, getting out of the victim's room, making him/her quickly fright the victim's chest into the victim's body, pushing him/her down the victim's sleep, pushed him/her into his/her hands, leaving the victim's body, making it difficult for the victim to take out the other victim's body, leaving him/her out of his/her body, and inserting him/her into the part of the victim's body, inserting him/her into force and inserting him/her into the part of the sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each gene appraisal report;

1. Application of Acts and subordinate statutes to a certified transcript of expulsion and family relation certificate;

1. Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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. 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 or a 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 against Sexual Abuse [the disclosure of personal information of the accused and the injured party is likely to infringe upon the privacy of the injured party if the personal information of the injured party is disclosed to the public due to blood relationship between the accused and the injured party, there is no history of punishment for a sex offense prior to the instant crime, and the accused is expected to have an effect to prevent recidivism by issuing a sentence to the accused, registering personal information,

In full view of the fact that there are special circumstances in which the defendant should not disclose his personal information to the public.

[Determination]

Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes where a conviction on the crime committed in the judgment on the registration of personal information becomes final and conclusive.

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