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(영문) 춘천지방법원 2017.04.28 2016고합93
강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant, at around 23:30 on January 17, 2016, at the Defendant’s residence located in Chuncheon City C and 105 around 23:30, the Defendant: (a) was able to rape the victim D (21 years of age, in a middle school with his/her own hand when drinking water; (b) was placed on the victim’s shoulder with his/her own hand when she was placed in the bend; and (c) attempted to put the victim into the bend by putting his/her finger into the bend; and (d) was forced to leave the bend in the victim’s name and the bend; and (d) attempted to get out of the victim’s upper part; (e) the victim’s chest was refused to put the chest into his/her hands; (e) the victim’s chest was forced; and (e) the victim’s body was removed from the victim’s body by going out of the victim’s body.

Accordingly, the defendant raped the victim by assault.

Summary of Evidence

1. Statement of the witness D and E in the second public trial protocol;

1. Each police statement made to D or E;

1. Response to a request for appraisal;

1. Written opinions of experts on video recording and written advice;

1. Application of the Acts and subordinate statutes governing the records of sexual assault victims;

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 Exempted from Disclosure Orders and Notification Orders, 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 [the crime of this case is not limited to a large number of unspecified victims; in this case, the crime of this case is not limited to a large number of unspecified victims; the execution of punishment, registration of personal information, and treatment programs for sexual assault to a certain extent may have the effect of preventing recidivism by the defendant

In full view of the profits expected by the disclosure and notification order, the effects of prevention, the disadvantages and side effects, etc., the defendant's person.

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