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(영문) 인천지방법원 2016.04.20 2015고합483
준강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a workplace rent belonging to a strike franchise company called victim D(n, 26 years old) and E(E).

On July 5, 2014, at around 10:00, G hotel 206 located in Gangnam-gu Seoul Metropolitan Government F, the Defendant completed a new wall bordering day, and completed the same day, brought the victim who dices and drinking alcohol to the above hotel room, took the above hotel room, sent off the victim’s clothes locked at the bed, and had sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or the impossibility of resistance.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the witness D in the third public trial records;

1. Legal statement of the witness H;

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

1. Each investigation report (report on the results of analysis of the current status, etc. at the time of dispatch to the scene and the suspect's position of the Nomt North Korean siren);

1. A detailed statement of the processing of reported cases;

1. The application of each request for appraisal, each written appraisal, and each statute;

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 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 disclosure 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 (in addition to the instant case, the Defendant has no record of having been punished for a sex offense, and the instant crime is not for a large number of unspecified victims, etc., there is a risk that the Defendant may recommit a sex crime;

It is difficult to conclude the defendant's age, occupation, family environment, social ties, benefits and preventive effects expected by an order to disclose or notify, and disadvantages and side effects arising therefrom.

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