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(영문) 전주지방법원 군산지원 2016.02.18 2015고합86
강간
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On April 2014, the Defendant became aware of the Victim D (V, 47 years of age) who is a patient hospitalized in the same hospital C around the same time.

On August 3, 2015, the Defendant: (a) sent the victim at the C frontway in Sinsan City E around 10:0 on August 3, 2015; and (b) induced the victim with a view to rape by inducing the victim to satisfe and facule the ma at the Defendant’s home.

Accordingly, at the home of the defendant in 13:00 on the same day, the defendant left the victim who was seated above the twit lease set on the ground of the room, and attached the victim's left arms, and the victim was exempted from all of her sub-committees by using the victim's operation over two times on the right shoulder so that he could not properly resist, and sexual intercourse once.

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

1. Where the facts constituting the crime of sexual assault crime subject to the registration of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order are finalized, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43

There is no record of the crime of sexual assault against the defendant exempted from the order of disclosure and notification of personal information, and the circumstance shown in the background of the crime or the record of the crime of this case alone is likely to lead the defendant to a habit of sexual assault crime or a new

In addition, considering the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention of sex crimes that can be achieved therefrom, and the protection effect of the victim, the defendant shall be subject to special cases concerning the punishment of sexual crimes.

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