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(영문) 수원지방법원 안산지원 2016.09.09 2016고합46
강간
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A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On September 28, 2015, at around 01:00, the Defendant: (a) refused to engage in the sexual intercourse with the victim D (Woo, 19 years of age) (hereinafter “C”), which was first known as “C,” and (b) continued to have the victim intending to put his/her clothes into his/her clothes, and (c) prevented the victim from resisting by taking his/her arms in his/her hands; and (d) committed rape by inserting his/her sexual organ into his/her sexual organ in his/her sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The defendant and D's voice recorded in the telephone recording file CD (No. 7 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to photograph by capturinge;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 disclosure or notification of registered information, 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 defendant appears to have committed the instant crime by contingency in the situation where he/she was in a guest room together with the victim, and the defendant is an initial offender who has no record of criminal punishment, there is a risk of repeating a sex crime against the defendant.

In addition to the fact that the defendant's personal information should not be disclosed or notified, there is a special reason that the defendant's personal information should not be disclosed or notified.

Since it is determined, it is not subject to an order to disclose and notify registered information.

Defendant

Judgment on the Defense Counsel's argument

1. The summary of the argument is only a sexual intercourse under the agreement with the victim, not a rape of the victim.

2. We examine the judgment. The above.

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