logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.09.28 2016고합436
강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 4, 2016, the Defendant first met the Victim H (Ga name, n, 22 years old) and the Victim’s friendly Gu I (Y, 23 years old) that he/she became aware of through “G” in Seo-gu Daejeon, Seo-gu, Daejeon.

At around 03:35 on July 5, 2016, the Defendant, while drinking alcohol together with FF, the victim, and the victim’s friendship I, was under the influence of drinking alcohol, and FF and I went out of the room to go outside of the room, the Defendant met the chest with the victim’s clothes, cut off the chest with the victim’s hand, cut off the victim’s body with sound, prevented the victim from resisting the victim’s body and resisting the victim’s body, and raped the victim by having sexual intercourse once.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of H;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement made by each police statement with respect to H (tentative name), I, and F;

1. Application of the Acts and subordinate statutes to a telecom receipt, a response to appraisal with a State;

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: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, family environment, social relative relationship; (c) the Defendant’s background and consequence of the instant crime; (d) the degree and anticipated side effect of the Defendant’s disadvantage due to the disclosure notification order; (e) the degree of disadvantage and anticipated side effect of the Defendant’s disadvantage due to the disclosure notification order; and (e) the effect of preventing sexual crimes that may be achieved from sexual crimes; and (e) the effect of protecting the victims from sexual crimes.

arrow