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(영문) 의정부지방법원 고양지원 2015.09.04 2015고합36
준강간
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement by the prosecution concerning D;

1. Each investigation report (the investigation of CCTVs prior to committing a suspect, attachment of response to requests for appraisal, inside the residence at the time of arrest of the suspect, preparation of records of the contents of DNA conversations between the suspect and witness, reporting on attachment of telephone conversations, and recording of statements by the victim);

1. Application of Acts and subordinate statutes to a gene appraisal statement;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; 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 (the Defendant has no record of being punished for a sex offense; and the Defendant’s completion of the registration of personal information and the sexual assault treatment program appears to have the effect of preventing recidivism to a certain extent. In full view of the Defendant’s age, character and behavior, environment, motive for the crime, and the benefits and side effects expected by the disclosure or notification order of this case, if a conviction becomes final and conclusive on the facts constituting the crime subject to registration of personal information of the Defendant pursuant to Article 42(1) of the same Act, the Defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of recommendations according to the sentencing guidelines (determination of types of punishment), general standards, rape (subject to at least 13 years of age), Type 1 (general rape) (the scope of recommendations and recommendations), the basic area of punishment (the scope of recommendations and recommendations), and the basic area of punishment (the scope of recommendations and recommendations).

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