logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2018.12.20 2017고합101
준강간
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who associates with the victim C (V, 44 years old).

At around 04:00 on August 26, 2017, the Defendant, within 206 Ecomhercing Ecom 206, was sexual intercourse by putting off the victim’s lower panty and inserting his sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness C’s statutory statement law

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

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, notify, or restrict employment; 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished for a sexual crime; the Defendant has no record of being punished for a sexual crime; the Defendant’s personal information registration with respect to the Defendant and an order to attend a lecture for treatment

Considering the relationship between the defendant and the victim, there is a sexual crime tendency against many unspecified people only for the crime of this case.

It is difficult to readily conclude that there are other special circumstances under which personal information may not be disclosed by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, severity and side effect of the crime, disclosure order, notification order, employment restriction order, etc., the degree and expected side effects of the Defendant’s disadvantage and expected side effects of the Defendant’s entrance, the preventive effect of the sexual crime subject to registration, the effect of protecting

Determinations)

The defendant and defense counsel's assertion.

arrow