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(영문) 대전지방법원 2018.07.12 2018고합80
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

On August 17, 2017, from around 03:00 to around 04:20, the Defendant: (a) had the victim’s house located in Daejeon Peongdong-gu Daejeon, and (b) had the victim D, who first met at the drinking house, to the house of the said victim; (c) had the victim D, who was under the influence of alcohol, to the house of the said victim; and (d) had sexual intercourse by inserting the Defendant’s sexual organ into the victim’s sexual organ during the victim’s sexual organ.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Partial statements of the defendant;

1. Each police statement made with respect to D, E, and F;

1. Application of Acts and subordinate statutes to a CD 1 CD, a CD 1 CD that has been stored in front of a main point in G, a CD 1 CD that has been stored in front of the victim’s residence, a criminal investigation report (victim counter investigation), a victim and a suspect’s character message of the victim and the suspect’s personal H, photograph, and a record of recording;

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 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 disclosure or notification order of 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 intended for an unspecified number of victims; and the defendant's age, occupation, family environment, social relationship, etc. can prevent recidivism even by completing the registration of personal information and the treatment program for sexual assault against the defendant;

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

3) Judgment on the argument of the defendant and his defense counsel

1. The summary of the argument shall be decided by the Defendant.

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