logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2020.01.21 2019고합96
유사강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is between victim B (n, 24 years of age) and university-friendly job offers.

On September 6, 2018, the Defendant: (a) moved to the rear seat of the said car on the ground that the victim, who was seated in the steering seat of the D car parked at the Gu, was willing to go to the front seat of the said car on the ground that he would come to the front seat of the said car; and (b) took the desire to “after going to go to the front seat of the said car; (c) laid down the victim’s hair by hand; (d) prevented the victim from resisting the victim’s hand by moving his seat to the Defendant’s side; and (e) raped the victim by inserting the Defendant’s finger on one occasion on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim;

1. A report on investigation (verification of a medical certificate with a complainant);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

2. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

3. 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 notify disclosure of information, and Article 49(1) proviso and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse do not have any history of having been punished for a sex offense prior to the instant crime, and it is difficult to readily conclude that the facts constituting the crime alone alone

The defendant's risk of recidivism is likely to be reduced by only a sentence, order to complete a program, and registration of personal information for a considerable period of time.

In addition, in full view of various circumstances such as the defendant's age, family environment and social relationship, profits expected by the disclosure notification order, crime prevention effect, disadvantage and anticipated side effects, etc., there are special circumstances where the defendant's personal information should not be disclosed or notified.

arrow