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(영문) 인천지방법원 2019.07.26 2019고합141
준강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

From August 7, 2018 to 00:40 on the following day, the Defendant: (a) from Gangseo-gu Seoul Metropolitan Government Bel C; (b) from the victim D (the victim’s name, leisure; 25 years of age) left the crepan of another victim’s name by drinking alcohol, left the crepan of the other victim’s name; (c) exempted the chest from the crepan; and (d) added the sex into the part of the victim’s sound, thereby having sexual intercourse with the victim by taking advantage of the victim’s state of inability to resist.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police in relation to D;

1. A written statement of D;

1. Results of reproduction and viewing of CDs in the telecom and convenience store;

1. The details of the credit card settlement, the taxi tower and time, the styp photographs, the telecom and the styp images of convenience stores;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime, a report on internal investigation (investigation into Bel), a report on investigation (related to requests for appraisal with the State and the response to requests for appraisal by the suspect A, replys to requests for appraisal by the suspect A, submission of written opinions by

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. 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 or notify information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse appears to have the effect of preventing re-offending even by having no record of punishment for a sex offense; and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse appears to have the effect of preventing the Defendant from registering a criminal sentence, personal information, and completing a sexual assault treatment program. In full view of all other circumstances such as the Defendant’s age, environment, social relationship, anticipated side effects of the Defendant’s disadvantage and anticipated side effects from

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