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(영문) 전주지방법원 2018.11.23 2018고합235
강간
Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 9, 2018, the Defendant called “B, I have now taken, I have come to the house,” and called “I have come to go to the house, I have come to go to the house, because I may not go to go to the house, I have come to go to the house,” and the victim will go to go to the house.

was made.

At around 03:00 on May 9, 2018, the Defendant: (a) laid the Defendant from a fluorial room with a 6-story number lusium Doo-gu Seoul Metropolitan City Do; (b) laid the Defendant on the bed; (c) laid the Defendant’s arms and trees of the victim; (d) laid the victim on the bed in the bed; (c) laid the victim on the bed; and (d) laid the Defendant’s shoulder on the bed and refused the Defendant’s shoulder; and (e) laid the victim’s clothes into the part of the victim; and (e) laid the Defendant’s sexual organ into the bed and rape once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. Photographs, telephone services, records, E-mail messages, and telephone communications records related to the case;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 5, 7, 10 of the evidence list);

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

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. 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, or an order to restrict employment, and Article 47(1) and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) [the defendant is a primary offender, and the defendant’s age, occupation, sex, environment, social ties, etc. are likely to prevent recidivism even if he/she has completed a sexual assault treatment program with respect to the defendant;

The benefits and preventive effects expected by the public disclosure, notification and employment restriction order, and the extent of disadvantage that the defendant suffers.

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