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(영문) 서울남부지방법원 2020.08.07 2019고합396
강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 03:40 on March 17, 2019, the Defendant, within the residence of the Defendant in Gangseo-gu Seoul Metropolitan Government building B, and the Defendant’s body, and the victim D (name, 28 years of age) drinks alcohol and drinks the victim to rape the victim’s sexual organ, and her chests with the victim’s hand, and her chests after her knife her knife her knife her knife her knife her part while the victim refuses to her knife his knife with his knife, her knife knife her part into the victim’s knife knife, and her knife the victim’s body into the victim’s body, and her knife the victim’s sexual organ into the victim’s knife part.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Each written statement by the police against D (tentative name) and E (Evidence Nos. 3, 8)

1. Each recording book (D) and content of investigation into telephone conversations with the prosecution for E) (Evidence Nos. 12, 13, 15);

1. Detailed statement of processing 112 Reporting Cases (Evidence Nos. 18);

1. A gene appraisal statement or legal chemical appraisal statement (Evidence Nos. 5 and 6 of the evidence list);

1. Application of Acts and subordinate statutes to field photographs (Evidence Nos. 10);

1. Article 297 of the Criminal Act applicable to the crimes;

2. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

3. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, 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 has no record of punishment for any sexual crime, the registration of personal information of the defendant against the defendant, and the order to complete a sexual assault treatment program can be seen to have the effect of preventing recidivism of the defendant to a certain extent. Otherwise, the defendant's age, occupation, background and method of the crime in this case, circumstances after the crime, disclosure notification order, the degree of disadvantage and anticipated side effects after the crime, and the order to disclose

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