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(영문) 창원지방법원 통영지원 2018.12.13 2018고합44
강간
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 03:00 on May 13, 2017, the Defendant, at the dwelling space of the Defendant, located in B, building C, was raped by putting off the victim D (a person, 18 years of age) from his body and inserting the victim’s body in the school homepage and E, by threatening the victim to know that he would have sexual intercourse between himself and the victim and her, and by inserting the victim’s body, who had sexual intercourse with the victim, and had the victim her mind to rape. The Defendant forced the victim’s body, who was in the dwelling space, was fright back and her body of the victim, and she did not resist the victim by inserting the victim’s body.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecutor with respect to D;

1. Each police statement made in relation to D;

1. Complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (to omit a statement on the identity of a victim D) and a criminal investigation report (such as E submitted by the victim);

1. Article 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, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13

1. The summary of the argument is true that the defendant has sexual intercourse with the victim, but it is a sexual relationship by agreement and there is no fact that the defendant has abused or threatened the victim.

2.

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