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(영문) 청주지방법원 충주지원 2018.02.22 2017고합107
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 40 hours.

Reasons

Punishment of the crime

The Defendant, at around 07:50 on December 01, 201, playing in the room in the 204 dwelling area of the C Building 204 in Chungcheongnam-si, Chungcheongnam-si, the Defendant drinks alcoholic beverages with male and her female-friendly son D(n, 19 years of age) with the victim D(M, 19 years of age). The Defendant, after male, her male and female-friendly son, she put the victim into a forced place in the bed, and whether the victim “I d' or not.

“In spite of refusal to comply with the foregoing paragraph,”

"At the end of the victim and the victim's body are unable to resist the victim's body, and the victim's panty and panty were off, and raped by inserting the victim's panty into the sound part.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the general rape [the person subject to special sentencing] shall be punished [the scope of the recommended punishment] from one year and six months to three years [the scope of the corrected recommended punishment] from one year and six months to three years (the scope of the corrected punishment] the imprisonment (the lowest limit of the punishment by law shall be considered).

3. On June 22, 2017, the Defendant was convicted of a previous sex offense and again committed the instant offense while being tried at the trial, and the Defendant was sentenced to a fine of KRW 10 million due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) in the Cheongju District Court’s Assistance, and is still pending in the appellate trial with the Cheongju District Court 2017No97 as of the date of the prosecution’s appeal.

Moreover, sex crimes and principal sex crimes.

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