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(영문) 수원지방법원 안산지원 2017.07.21 2016고합310
강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

around 08:00 on June 2, 2015, the Defendant: (a) around 08:0, at the residence of the Gangnam-gu Seoul E Apartment 101, 707, F, and G couple; (b) the Defendant, like the victim I (V), who works as an employee from the “H main store,” which is operated by both spouses and G, as the main store operated by these spouses and G, led the victimized person to rape the victim at the small room in the above residence.

After the completion of the drinking place, the Defendant exceeded the victim's panty and panty, and added the victim's body.

Therefore, the victim's shoulder resistance, the sound was prevented from being sounded by the victim, and the victim's body was divided into the body of the defendant so that the victim can not move, and the victim could not move, and the victim's body was prevented, and the victim's sexual organ was put into the part of the victim's body after dancing.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. Entry of a witness I in the second public trial protocol, and entry of a witness G in the third public trial protocol;

1. Application of the statutes in which some of the statements made by the police in G are recorded;

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 (Amended by Act No. 14412, Dec. 20, 2016)

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 (an order to disclose or notify registered information may have a significant impact on the defendant, so it is necessary to pay careful attention to such an order, the Defendant has no record of punishment for a sex offense, and the Defendant is deemed to have committed a sexual crime against an unspecified person.

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