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(영문) 서울동부지방법원 2018.12.06 2018고합191
준강간
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The defendant is an authorized intermediary, and the victim B(the age of 34) is the defendant's real estate brokerage office that received the house from the real estate brokerage office for the defendant, and the victim was present at the meeting of the employee C of the above office with the invitation of the employee C at the meeting of the staff of the above office who had the mind of peace and had the above C, the defendant, and D drink together with the above C, D.

On January 17, 2018, the Defendant: (a) 00:30, after having finished a ceremony at around 00:0 on January 17, 2018; (b) her house in the direction of his house, found that the victim was frighting in the vicinity of the tin village as he did not find a house under the influence of alcohol; (c) taken the victim’s house, and changed the victim’s remaining body for water to the point of △△△ of the Songpa-gu Seoul building, Songpa-gu, Seoul, where the victim’s residence, and entered the victim’s house; and (d) her part of the victim’s house by inserting the Defendant’s sexual organ into the part of his house, by using the fact that the victim lost his mind under the influence of alcohol and is in an impossible state of resistance.

Summary of Evidence

1. B Legal statement;

1. Statement made by the police with respect to B or F (san denial and intention);

1. A complaint prepared by B;

1. Investigative reports (Hearing of statements by complainants) and preparation and reporting of recording notes;

1. Application of Acts and subordinate statutes to a report on investigation;

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 disclosure order 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 defendant has no record of punishment for the same crime) and thus, there is a habit of sexual crime against the defendant or a high risk of recidivism;

It is difficult to see that the registration of personal information and the completion of the sexual assault treatment program can have the effect of preventing recidivism by the defendant.

I seem to appear.

This is the defendant's age, motive, means and result of the crime of this case, seriousness of justice.

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