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(영문) 춘천지방법원 원주지원 2017.01.25 2016고합90
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

The Defendant was in a relationship with the victim C (V, 39 years of age) from March 2013 to October 2015; the Defendant was in a relationship with the victim from March 2013 to October 2015; on December 22:30, 2015, who was parked on the front of the Defendant’s E-mailed on the front of Busan Dong-gu, Busan, to the victim again from the front seat of the Defendant’s E-mailed vehicle.

In addition, the victim is placed on the back seat of the victim, and the victim is "I do not refuse to do so," and the body of the defendant is sealed with the defendant's hand, and the victim was raped by sexual intercourse with the victim one time after suppressing the resistance by preventing the victim from driving the victim by taking the two arms of the victim on both legs and by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (a voice file dialogue content submitted by C and F);

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles, where the judgment becomes final and conclusive, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The legal grounds for sentencing: The range of punishment for sentencing: The range of punishment for sentencing in three years and thirty years; the range of punishment [the type] according to the sentencing guidelines for sex offenses; the general criteria for rape (type 1) and the general rape (type 1) [the person subject to special sentencing] [the scope of punishment for recommendations] [the scope of decisions and recommendations] imprisonment for two years and six years and five years: the imprisonment for three years [the favorable circumstances]; the defendant voluntarily requested a transfer; and the victim and his/her place of work for another place of work.

The defendant.

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