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(영문) 광주지방법원 순천지원 2019.05.02 2018고합274
강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Around February 10, 2016, the Defendant, at the same time as “C” located in Mayang-si B around February 10, 2016, drinked alcohol with the victim D (Gain, E, E, 21 years of age) who was in a so-called “C,” and went back to the front door of the 23th floor of Mayang-si, E, E, E, E, which was under the influence of alcohol, and went back to the front door of the 23th floor of the Mayang-si, thereby preventing the victim from leaving the body of the victim who was under the influence of alcohol, thereby keeping the victim’s resistance, and tried to get off the victim’s clothes and inner clothes, but the victim was sexual intercourse with the victim, and did not have attempted to do so by resisting the victim, i.e., getting off the victim who was under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of D or G;

1. Statement made to D by the police;

1. Recording notes;

1. Application of the Acts and subordinate statutes governing the output of the screen with H mail;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Articles 47(1) and 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 (i.e., the possibility of recidivism by the accused, the degree and expected side effects of the accused’s disadvantage due to an order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims of the sexual crime subject to registration, there are special circumstances in which the accused

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018).

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