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(영문) 청주지방법원 2017.05.19 2017고합38
강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant and the victim D (the name, the remaining, the age of 19) are those who have been in charge of teachers in the Fsung Party E located in the Cheongju-si Office E.

On April 5, 2015, the Defendant: (a) exercised a restoration by the above sexual party; and (b) the Defendant and the Defendant had a talk with the victim in a sexual room in which the two stories are divided into a sexual room; (c) kneee, knee, knee, kne, sound, sound, and resistance the victim’s arms, and (d) was set up against the victim’s will, (d) laid the victim on the floor, laid the victim on the floor, put the victim into a finger, put the victim’s fingers into the victim’s sexual organ, and sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim and rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes, such as G language messages, each investigation report (the phone table Nos. 6,7) (the evidence list No. 6,7);

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 an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that the defendant has no record of being punished for the same kind of crime, and the circumstance that the crime was committed in the course of the instant crime, or that there is a risk that the defendant has a habit of sexual assault crime, or that he/she is

It is difficult to conclude that the defendant's personal information registration and order to complete the program can be expected to some extent to prevent recidivism.

In full view of the Defendant’s age, family environment, social ties, benefits and preventive effects expected from disclosure and notification orders, and the disadvantages and side effects therefrom, etc., the Defendant’s age, family environment, social ties, and public disclosure and notification orders.

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