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(영문) 서울남부지방법원 2013.12.06 2013고합458
강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On October 3, 2013, the Defendant became aware of the Victim D (A, 21 years of age) at “C”, a Chinese smartphone hosting display.

At around 14:00 on October 4, 2013, the Defendant, even though there was no intention or ability to arrange the victim to work, concluded that “the Defendant would allow the victim to work in Korea through a prison, and that the sentence is now going to our house, which is now going to our house.” The Defendant got the victim to work in the office of the Defendant in Guro-gu Seoul, Seoul, 102, even before the exit of the E Station 1.

At around 14:30 on the same day, the Defendant: (a) 14:30 on the above Defendant’s house, putting the victim on a bend, putting the victim on a bend, putting the victim’s blue with his blue with his blue with his blue with his blue with his blue with his blue with his blue, restrains the victim’s resistance; and (b) exempted the victim’s chest and forced the victim’s clothes, putting the victim’s clothes out of the victim’s chest, and putting the victim’s clothes into a part of the

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to victims;

1. Article 297 of the Criminal Act applicable to the crimes;

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

3. Whether a case constitutes “any special circumstance to not disclose or notify the personal information” provided for in 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, 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, as an exception to disclosure or notification orders, constitutes “a case where the disclosure or notification of personal information is deemed to have been prohibited” means the Defendant’s age, occupation, risk of recidivism, etc., the type, motive, process, consequence, seriousness of the relevant crime, etc., and

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