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(영문) 서울서부지방법원 2017.06.15 2016고합424
준강간
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

From around 18:00 to 22:30 on August 7, 2015, the Defendant, along with the Victim F (F, 25 years of age), who is an employee of the Defendant’s father, drinked twice more than twice from the Yeongdeungpo-gu Seoul Metropolitan Government House with the Victim F (F, who is an employee of the Defendant’s father. The Defendant was able to rape the victim by using a state where the victim was under the influence of alcohol and was able to keep the victim away from other driving.

At around 22:30 on the same day, the Defendant got the victim into “G” telecom located in Yeongdeungpo-gu Seoul Metropolitan Government, and used the victim’s condition that he was able to resist, thereby inserting the sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to criminal investigation reports;

1. Articles 299 and 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. Article 47(1) and Article 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 (a) appears to have no criminal history of punishing the accused, including the same crime, and the registration of personal information and sentence of the accused, and the completion of sexual assault treatment programs are likely to reduce the risk of recidivism of the accused.

Therefore, in cases where a judgment of conviction becomes final and conclusive on the facts constituting a sex offense subject to registration to be registered when weighing and balancing the preventive effects and side effects expected by an order to disclose or notify the defendant, the defendant constitutes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the defendant must submit personal information to the competent agency pursuant to Article 43 of the same Act.

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