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(영문) 서울북부지방법원 2019.05.24 2018고합451
강간
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Around 02:00 on May 12, 2018, the Defendant, at the stairs between the first and second floor in Seongbuk-gu Seoul, tried to engage in sexual intercourse with the victim, and the victim C (n, 21 years of age) who was living together in his house after drinking alcohol, was fit for the victim's own entrance, and the victim was unable to resist by making the victim's hand knife because the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knife knif knif knif knif.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to each investigation report (to attach data to be submitted by a victim, to attach photographs of a place where such report occurs, to the upper part of the victim, to submit evidential data of the victim, and to the detailed statement of processing

1. Article 297 of the Criminal Act applicable to the crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, 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 shall not have any criminal record of a sexual crime against a criminal defendant, and there

It is difficult to readily conclude that a sexual crime is likely to recommit or recommit a sex crime, and the defendant.

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