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(영문) 대전지방법원 천안지원 2018.01.10 2017고합119
강간
Text

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

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On February 21, 2017, at around 04:00, the Defendant, at the Defendant’s residence located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, C303, was able to attract the Defendant’s fingers of the victim D (name, leisure, 19 years of age) who work together as a restaurant employee, was placed on the part of the victim, placed the victim on the part of the bed, placed the victim on the bed, placed the victim on the bed, and led the victim’s shoulder on the part of the victim’s body by dividing the victim’s shoulder by a knife, who was on the part of the victim’s body, led the victim’s shoulder, and had sexual intercourse once.

Accordingly, the defendant raped the victim by assault.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

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

1. Application of the Act and subordinate statutes to the victim’s photograph, a f dialogue-fix photograph, a fluor photograph of the fluor CCTV image, a photograph of the suspect’s residential CCTV image recording, a hereinafter “G”), a video recording CD of the c’s stud CCTV, and a c’s stud CCTV video CD-recording;

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

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 20

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 notify 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 (an order to disclose or notify the registered information may have a significant impact on the defendant, and thus, it is necessary to pay careful attention.

The Defendant is a primary criminal without criminal records. The instant case is not a sexual crime against many unspecified persons, and the risk of recidivism can be reduced by sentence, registration of personal information, and imposition of sexual assault treatment programs.

In addition, in light of various circumstances, such as the defendant's age, sex, family environment, and social relationship, the disclosure and notification order is disadvantageous to the defendant.

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