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(영문) 의정부지방법원 2018.03.29 2017고합397
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)
Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is suffering from the victim D(n, 19 years old)'s private villages.

At around 02:00 to 04:00 on August 8, 2017, the Defendant, together with the victim, had the victim drinked to the Government E, Fambur 605 on drinking, had been able to report and rape the victim who was under the influence of alcohol, exceeded the victim’s lower and lower clothes, and had sexual intercourse once with the victim.

As a result, the defendant raped the victim by taking advantage of the victim's non-competence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. D’s statement recorded in D’s video CDs;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Investigation report (verification of CCTVs and video-recordinging images) and photographs at the scene of the Felel, CCTV head-fest-feling, data on investigation reports (in this case, appending to the contents of G dialogue between the suspect and the victim), G message, investigation reports (verification of the relationship between the suspect and the victim), and each family relation certificate (A and D), resident registration card (A), certified copy of the resident registration card (H, I), and each removed copy (H, and I);

1. The application of each Act and subordinate statutes to video-recording CDs entering the Fel;

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. 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)

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 Disclosure 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 [the disclosure of personal information of the accused and the injured are likely to infringe upon the privacy of the injured party if the personal information of the accused and the injured party are disclosed to the public due to their relatives, the accused has no history of punishment for a sex offense prior to the instant crime, the sentence against the accused, the registration of personal information, and sexual assault.

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