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(영문) 대전지방법원 홍성지원 2014.10.02 2014고합54
준강간
Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 02:50 on March 17, 2013, the Defendant discovered that the victim C (here, 30 years of age) was drunk and used on the street in the Jung-gu Incheon metropolitan city, and attempted to rape the victim, and led the victim to the victim at around 03:00 on the same day, at around 03:00 on the same day.

The Defendant: (a) placed the victim on the bed of the above heading room; (b) placed the victim’s knee and knee with the panty and knee with the knee; and (c) inserted the Defendant’s sexual flag into the victim’s sound book; (b) however, the Defendant’s finger knee was inserted into the victim’s sound book.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s non-performance state of difficulty.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of each police statement related to C and F;

1. Application of Acts and subordinate statutes to televers and on-site CCTV photographs and written confirmation of medical treatment;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempt from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; it is difficult to readily conclude that the Defendant committed the instant sexual crime by contingency; the Defendant is against the Defendant’s crime; the risk of recidivism of the sexual crime by completing the sexual assault treatment program; and the Defendant’s age, family relationship, environment, etc. is compared to the effect of preventing sexual crimes that may be achieved

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