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(영문) 수원지방법원 평택지원 2018.02.12 2017고합177
준강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant is a university student who works as the head of the Gambaco Center of the Gambacoon “E” located in Young-si population D, and the victim F (V, 19 years old) is a university student who works as the head of the E E at the end of the week.

Around 23:00 on May 13, 2017, the Defendant, while drinking alcohol with the above victim, G, H, and I, who is an employee of the said victim, G, H, and I, had been able to sleep together with the victim, G, and I, and on May 14, 2017, confirmed on the ground that the victim was under the influence of alcohol and was under the influence of alcohol, and subsequently, the Defendant’s physical size was sexual intercourse with the victim.

Accordingly, the Defendant, under the influence of alcohol, had sexual intercourse with the victim who was in an impossible state of resistance.

Summary of Evidence

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

1. Application of the law of the police statement protocol to F;

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 a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that a sexual crime against many and unspecified persons is not a sexual crime, the defendant has no record of being punished for the same sexual crime, and the fact that the defendant has no record of being punished for the same sexual crime, and the effect of preventing re-offending through completion

In light of all the circumstances, such as the defendant's age, sex, family environment, and social relationship, since the effect of the prevention of sexual crimes that can be achieved by the disclosure and notification order is relatively small compared to the disadvantage and anticipated side effects that the defendant may sustain, there are special circumstances that the disclosure and notification of personal information may not be disclosed or notified to the defendant.

(C) the registration of personal information.

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