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(영문) 대전지방법원 2018.07.12 2018고합63
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is between the victim D (n, 25 years old) and the Bod Game Association.

On October 1, 2017, the Defendant, from around 08:10 to around 09:00, committed similar rape by putting the fingers and clothes of the victim, who was in a state of non-fluoring by drinking, in the Daejeon U.S. E, and in the FMoel 6-story room, after drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made to G by the police;

1. Application of Acts and subordinate statutes to one CD (data on the recording of telephone conversations with a suspect) stored in evidence files submitted by a victim D;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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 Order;

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 or notify information; 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 order to disclose or notify personal information may have a significant impact on the defendant; the defendant has no record of sex offense; the crime of this case is not against an unspecified number of victims; the crime of this case is not against an unspecified number of victims; and the defendant's age, occupation, family environment, social relationship, etc. can prevent recidivism only by completing the registration of personal information and the treatment program for sexual assault;

In full view of the fact that there are special circumstances in which disclosure of personal information of the defendant should not be disclosed.

The reason for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. The range of recommended punishment according to the sentencing guidelines [the types of decisions] shall be punished by imprisonment with prison labor for the type one (general rape) of the crime of rape (subject to at least 13 years of age).

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