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(영문) 의정부지방법원 2017.10.19 2017고합196
유사강간
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

On February 28, 2017, the Defendant: (a) around 06:30, the Defendant, along with the victim of the C Building D (n, 20 years of age); (b) carried alcohol with the victim-friendly E and entered the above residence; and (c) the Defendant and the victim got out of the victim’s room, on the part of the victim’s room, the victim did so.

During the above floor of the defendant, the victim was set off from the clothes of the victim who was locked by approaching the locked and the victim, and the victim was satisfed with the chest and the sexual organ of the victim, and the victim was satisfed with the finger of the victim's sexual organ, and the victim was satisfed with the victim's physical and mental loss or satisfying by using a state of resistance impossibility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

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

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 notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (excluding the instant crime, the Defendant has no record of having been punished for any sexual crime, and there is no risk of the Defendant’s recidivism or recidivism of a sexual crime;

The effect of preventing recidivism can be achieved even if there is no evidence to determine the person, only by completing the registration of personal information, and sexual assault treatment programs.

In full view of the benefits and preventive effects expected by the instant disclosure order or notification order, and the disadvantages and side effects therefrom, there are other special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The defendant is found guilty of the criminal facts in the judgment that he/she should register new information and submit them.

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