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(영문) 서울남부지방법원 2019.09.10 2019고합270
강간치상
Text

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

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

Reasons

Punishment of the crime

The defendant is between the victim B (n't, family name, 25 years old) and the family-friendly relationship that was known to him from the high school.

On April 14, 2019, at around 06:14, the Defendant, located in Seodaemun-gu Seoul, Seoul, was off from “D” main points of “D,” where the Defendant was in drinking with the victim, and said, “I do not have a sexual relationship. I do not see why I do it??? I do not see why I do it??? I do not have a sexual intercourse with another victim who was on the part of the victim, who was placed on the part of the victim who was forced to do so, and was forced to do so. I were able to do so by cutting down the victim’s neck who was fright and resisted with his body.”

As such, the Defendant, by rapeing the victim and causing the victim to suffer bodily injury, he or she extracted his or her hair from which the number of days of treatment can not be known.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning B;

1. Recording notes;

1. A gene appraisal report;

1. Bodis, caps and closure screens;

1. Application of the weather-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 301 and 297 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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 have no record of being punished for sexual assault crimes, the Defendant’s personal information registration against the Defendant, the completion of sexual assault treatment programs, and the employment restriction order can prevent recidivism of the Defendant.

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