logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.09.09 2016고합55
준강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On March 18, 2015, from around 21:00 to the next 03:00 on the following day, the Defendant got the victim, who was a member of the Dongdaemun-gu Seoul National University Dong-ri at the same session of Dongdaemun-gu, and was drinking together over three occasions with the victim D (n, 21 years of age) who was a member of the same university, and was drinking together over three times, and was in the remaining physical and mental loss of the victim, on March 19, 2015, the Defendant went back to Dongdaemun-gu Seoul Metropolitan Government E, a residence of the victim.

At around 03:40 on the same day, the defendant exceeded all the subordinates of the victim, and sexual intercourse with another victim who was on the body of the victim, by taking advantage of an influenced state of the victim, who was drunk in the victim's residence, and was under the victim's influence.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

Summary of Evidence

1. Partial statement of the defendant;

1. Voluntary accompanying reports, response to requests for appraisal, and the application of Acts and subordinate statutes to the witness D's legal statement;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, Etc., the main sentence of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed against Sexual Crimes, the 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 (the disclosure and notification order of registered information may have a significant impact on the defendant, and thus, the disclosure and notification order of registered information needs to be

The crime of this case is not a sexual crime against many unspecified persons, and the defendant is the first offender. In this case, the defendant's sentence to the defendant, the registration of personal information, and the completion of the sexual assault treatment program can have the effect of preventing recidivism of the defendant to a certain extent.

In light of all circumstances, such as the defendant's age, sex, family environment, social relationship, etc., the defendant will sustain due to the disclosure and notification order.

arrow