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(영문) 수원지방법원 2016.08.23 2016고합260
준강간
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

The defendant is a person who serves in the same company as the victim C (V, 19 years of age).

At around 05:00 on November 18, 2015, the Defendant: (a) went off the victim’s clothes in a state of resistance, she was under the influence of alcohol, and had sexual intercourse by putting the victim’s sexual organ out of the bed of the bed, and inserting the victim’s sexual organ into the bed of the victim’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police investigation reports and police investigation reports (in relation to the attachment of F language messages, with respect to the verification of CCTV images installed in Eel)

1. Application of text messages, photographs, and CD-related Acts and subordinate statutes;

1. Articles 299 and 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 in favor of the defendant among the grounds for sentencing);

1. A person who is finally and conclusively convicted of a crime of rape who has registered personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is a person 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment,

There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.

The issue of whether the defendant's age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, result and seriousness of the crime, characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and effects of the sexual crime subject to registration that can be achieved from the sexual crime subject to registration.

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