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(영문) 대구지방법원 경주지원 2018.11.08 2018고합62

유사강간

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2018, the Defendant, at the main point of “C” located in Yongcheon-si B around 19:00, performed alcoholic beverages on the part of “C,” and put the hand in the part of the victim’s drinking room while drinking alcoholic beverages with D, the main place of business, E, and the victim F, who is an employee of the main place of business (the age of 43), while drinking alcoholic beverages in company with the victim F (the age of 43), who is an employee of the main place of business, and the main place of business and the main place of the household are going in company with the victim’s clothes while drinking alcoholic beverages. The Defendant forced the victim to talk with his breast, and forced the victim to talk, and forced the victim to talk and resist, and then put the victim’s fingers into the part of the victim’s drinking.

Accordingly, the Defendant assaulted the victim, thereby containing a part of the body such as fingers and fingers in the victim’s sexual organ, and raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made with respect to F (tentative name) and D;

1. Report on internal investigation (the attachment of photographs, such as site of occurrence) - Application of the Acts and subordinate statutes governing photographs;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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 Attend;

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, 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 (no record exists for the defendant to be subject to criminal punishment for sexual crimes), and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant can expect the effect of preventing recidivism to a certain extent only with the registration of personal information, taking lectures to treat sexual violence, and restrictions on employment against children and juveniles-related institutions. In addition, considering the defendant's age, family environment, the background of the crime in this case, the process of the crime in this case, anticipated side effects expected by the order to disclose or notify, and effects of preventing sexual crimes