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(영문) 부산지방법원 서부지원 2018.05.17 2018고합49
강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On August 16, 2017, at around 04:00, the Defendant, along with the victim E (n, 24 years of age) in the “C” room of the “C” pen of the Sin-si, Sin-si, Sin-si, Sin-si, the Defendant: (a) was able to sustain the victim who was divingd on the second floor after drinking alcohol; (b) was divided the victim into the victim’s body by pushing the Defendant; (c) forced the victim into the victim’s resistance; (d) the victim’s chest and buckbucks, etc.; and (e) took the victim’s arms with panty; and (e) took the victim’s panty, put the Defendant’s sexual organ into the part of the victim; and (e) had sexual intercourse once with the victim.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Legal statement of witness E;

1. Statement made by the police and prosecutor with regard to E;

1. Recording records;

1. A report on investigation (verification of the scene of damage and photographing photographs);

1. Application of Acts and subordinate statutes to report on investigation (verification of size of suspects, victims, etc.);

1. Article 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 the following circumstances: Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, living environment, criminal punishment, profits and preventive effects expected from the disclosure order or Notification Orders, and disadvantages and side effects of the order, there are special circumstances that may not disclose or notify the Defendant’s personal information

In the event that a judgment of conviction is finalized on the crime of this case, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, he/she shall submit personal information to the competent agency pursuant to Article 43 of the same Act.

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