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(영문) 창원지방법원 진주지원 2017.03.14 2016고합112
강간
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

Punishment of the crime

On July 8, 2016, at the defendant's residence located in Sacheon-si, 09:30 on July 8, 2016, the defendant returned to E's home while drinking together with the defendant's friendship E and the victim F (the 19-year old age), who is the birth of D, and when the victim and the two were remaining, the defendant went back to E's home, and the victim went out of the victim's bar, and the victim went out of the victim's bar, while the victim said that "I mara" was "I ma", the defendant she was shot off the victim's her body with another hand going above the victim's body, and she was raped once by inserting the victim's sexual organ into the sound part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the statutes of the response request for appraisal;

1. Article 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. There are special circumstances in which the disclosure of personal information may not be disclosed in light of the Defendant’s age exemption from the disclosure order and notification order under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; the type, motive, process, seriousness of the crime in this case; the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order; the effect of the sexual crime subject to registration that may be achieved due to such order; the effect of the protection of the victim; etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and 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.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 43 of the same Act.

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