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(영문) 부산지방법원 서부지원 2018.03.22 2017고합195
강간
Text

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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On October 17, 2017, from around 18:20 to 20:00 on the same day, the Defendant made the victim E (42 older) who is in charge of the accounting of “D” operated by the Defendant lose the mind of exemption from drinking, and decided to rape the victim, and fright the victim’s mind, fright, who was in charge of the accounting of “D”, and fright the victim’s mind, fright the victim’s mind, fright the victim’s life, and fright the victim fright and fright the victim, who was prepared in advance, fright the victim fright and fright the victim fright, and fright the victim was fright the victim’s body, and fright the victim, who was unable to drink, brought about a little number of fright and fright it into the victim’s body due to the above exemption, and put the victim into the victim’s sexual intercourse with the victim’s body.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Each protocol of seizure;

1. 112 Reporting case handling table;

1. Medical records for victims of sexual assault;

1. F language photographs;

1. On-site photographs;

1. Each gene appraisal report and each drug poisonous substance appraisal report;

1. CCTV photographs and CCTV video CDs;

1. Application of Acts and subordinate statutes to report on investigation (investigation of prescription dates for suspect, hospital, or clinic);

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. In full view of the following circumstances: Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, living environment, criminal punishment, profits and preventive effects expected from the disclosure order or Notification Orders, and disadvantages and side effects of the order, there are special circumstances that may not disclose or notify the Defendant’s personal information

[Judgment]

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