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(영문) 의정부지방법원 2018.04.06 2017고합374
강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2017, around 01:00, the Defendant, at the Government-Si around 01:00, had the victim E (V, 20 years of age) who met with circuling c with “D” 1305 Mono, and had the victim E (V, 20 years of age) under the influence of alcohol and had the intent to commit rape.

Accordingly, the Defendant exceeded the clothes of the victim himself, and during that process, the victim tolds himself/herself or the Defendant “ma”, and pusheds himself/herself with the body of the victim, thereby suppressing the victim’s resistance on the part of the victim, and added his/her sexual organ into the body of the victim, and raped by inserting him/her with the victim’s sexual organ.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement protocol by the police for E;

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

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered repeated circumstances favorable to the grounds 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 Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 criminal punishment before committing the instant crime, and thus, has a risk of recidivism or recidivism of sexual assault against the defendant;

It is difficult to see it.

It can be limited to an order to register personal information on the defendant and to attend a lecture for treatment of sexual assault to a certain extent that the effect of preventing recidivism can be achieved.

I seem to appear.

In addition, in light of various circumstances, such as the defendant's age, family environment, and social relationship in the trial of this case, the disclosure notification order has a significant adverse effect on the defendant's disadvantage and anticipated side effects, while the effect of preventing sexual crimes that can be achieved by such order is relatively relatively.

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