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(영문) 제주지방법원 2019.09.26 2019고합89
강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

At around 00:50 on December 16, 2018, the Defendant: (a) while drinking the victim C (the 30-year-old-old-old-age-old-age-age-age-age-age-of-age-age-age-of-age-age-of-age-age-age-of-age-age-of-age-age-of-age-age-age-of-age-age-age-of-age-age-age-age-of-age-age-age-age-age-of-age-age-age-age-of-age-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-of-age-age-of-age-age-of-age-age-of-age-age-of-age-age-of-age-age-of-age-age-of-age-

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Summary of interview with victims;

1. Application of statutes on site photographs;

1. Article 297 of the Criminal Act applicable to the crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Public Disclosure and Notice Orders and Employment Restriction Orders; 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; Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities; and Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities, it is difficult to readily conclude that there is a risk of recidivism of sexual assault as there is no history of punishment against sexual assault; the Defendant’s personal information registration of the Defendant and orders to complete sexual assault treatment programs are deemed to have an effect on the prevention of recidivism; and

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