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(영문) 전주지방법원 2016.01.07 2015고합130
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 19:00 on January 29, 2015, the Defendant: (a) inducedd the victim D (n, 51 years of age) who was aware of the Defendant’s house 103-dong 504, in his house, to live in this side house, to see that the Defendant would have sexual intercourse with the Defendant at his house while drinking alcohol together with the victim who was found in his house; (b) was in order to return to his house, and (c) was frighten the victim’s arms and clothes put in his house; and (d) was frightened, the victim was kneeing with kneel while the victim was knife with knife with knife with knife and knife with knife with knife with knife with knife with knife with knife of the victim; and (d) made the victim’s knife with his finger and k with the Defendant’s hand.

Summary of Evidence

1. Legal statement of the witness D;

1. A report on criminal investigation intelligence, the result of counseling on and handling rape cases, and a report on the occurrence of sexual assault cases;

1. Medical opinion, records of victims of sexual assault, and reply to each request for appraisal;

1. Application of the statutes governing photographs of victims;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) proviso to Article 50 of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (the course and process leading to the instant crime, and the risk of the Defendant’s sexual assault

The defendant has no evidence to see that there is no evidence.

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