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(영문) 수원지방법원 2019.07.04 2019고합194
준강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On July 16, 2018, the Defendant, in the “C” located in Gangnam-gu Seoul Metropolitan Government on July 16, 2018, had the victim D (name, leisure, 21 years of age) and the first drinking, and had the victim sexual intercourse at one time at a place where the victim was her body, and the victim was her body was her body and was her body was her body was her body was her body was her body was taken by drinking out of the club. On the same day, at around 09:34 of the same day, the Defendant got the victim into the Gangnam-gu Ecomter in Seoul, and had the victim sexual intercourse at that place.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental or physical disability or impossibility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D (alias) and G;

1. A written statement prepared by D;

1. On-site photographs from the tele CCTV or telecom;

1. Application of Acts and subordinate statutes to report internal investigation (on-site investigation and analysis of CCTV images), investigation report (to hear statements for reference and attach photographs), investigation report (to attach CCTV photographs);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among 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;

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, and Article 49(1) 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 are hard to readily conclude that the Defendant has no record of punishment for sexual crimes before, and thus, there is a risk of recidivism or recidivism. The Defendant’s personal information registration against the Defendant, completion of sexual assault treatment programs, etc. appears to have a certain degree of effect on the prevention of recidivism. The effects of sexual crimes, which may be achieved by an order to disclose or notify, compared to the disadvantages and anticipated side effects that the Defendant

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