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(영문) 청주지방법원 2018.08.17 2018고합101
강간
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

The defendant is the relationship between the victim C (n, 32 years of age) and the bowling club member with the knowledge of the relationship.

After completing a meeting on February 18, 2018 at around 01:00 the Defendant’s meeting, the Defendant will take into account the victim’s house located in Dxxxx, Seo-gu, Nowon-gu, Nowon-gu, the right of the Defendant to board.

As the body of the injured party was found to be drinking together with drinking, it was believed that the injured party was good to the injured party who had a sense of peace, and the injured party was able to rape.

At around 03:00 on the same day, the Defendant forced the Defendant to catch the arms of the victim’s own, frightly wrap the fright, and frightly wrap the Defendant’s chest, and when the Defendant frighted and resisted the Defendant’s chest, the Defendant frightd out the Defendant’s fright and panty of the victim’s body, cut off the Defendant’s fright at one time, cut off the Defendant’s fright and panty, and obstructed the Defendant’s fright by inserting the Defendant’s fright into the part of the victim’s body, and rape the Defendant’s sexual organ by inserting it into the part of the victim’s body.

Summary of Evidence

The application of the police's statement C to the defendant's legal statement of the defendant, the transcript of patient's opinion, and statutes on medical records.

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

2. 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).

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. 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, notify, or restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for a sexual crime or any other general risk of recidivism of a sexual crime, such as having no record of punishment for a sexual crime;

It is difficult to readily conclude, only with the registration of personal information of the defendant and the completion of sexual assault treatment programs can prevent recidivism.

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