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(영문) 울산지방법원 2018.06.07 2017고합362
강간
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim D (the age of 24 years at the time of committing the crime) were in conflict with each other.

1. Around February 27, 2017: (a) around 04:00 on February 27, 2017, the Defendant: (b) around 04:00 on February 27, 2017; (c) around 04:0 on February 27, 2017; (d) was plicked by the victim’s fingers for the reason that the victim would refuse to engage in the sexual intercourse; and (e) whether the Defendant would disregard the Defendant’s fingers of the victim’s fingers of the victim’s fingers, “The

Does it refuse;

The phrase “the head is three times,” the victim was placed on the bed, and the victim was sexual intercourse once with the victim, and the victim was sexual intercourse with the victim, such as teitts and kis where the victim was placed on the bed, panty and brode, tearing the victim’s breath by tearing the panty and brode, and the victim was exposed to the wall and the victim, by threatening the victim, and by threatening the victim to resist, the victim was sexual intercourse once.

2. Around February 27, 2017, the Defendant, at around 09:00 on February 27, 2017, had sexual intercourse one time, even though the Defendant, at around 09:0 on February 27, 2017, had sexual intercourse, even though he had been forced by force, even though he was forced to put the victim into the sound part of the victim, when he was frighted from a fright and inserted the fright of a fright to a fright to a fright of the

Accordingly, the defendant raped the victim by assaulting or threatening the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes on internal investigation (Attachment to photographs by capturing the Ff course exchanged between the victim and the suspected person);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. In light of 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 fact that there is no record of criminal punishment against the Defendant for sexual crimes), the mere fact that the Defendant committed the instant crime is likely to commit sexual assault, recidivism, or return to the society of the Defendant.

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