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(영문) 청주지방법원 충주지원 2015.02.05 2014고합68

준강간

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

The Defendant is the same motive of the same university as the victim D (Inn, 18 years old), and around 02:00 on October 2, 2014, the Defendant got out of the Fudio 103 room, E, G, and the victim, which is a residence of E, in E, 103 room.

The Defendant, under the influence of alcohol, had the victim feel able to have sexual intercourse with the victim in depth, and had 04:0 on the same day, so the Defendant exceeded the victim’s panty and panty, and inserted his sexual organ into the victim’s sexual organ, thereby having sexual intercourse once.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

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 (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);

1. Where a conviction becomes final and conclusive on the instant criminal facts subject to the registration of personal information under Article 16(2) main sentence and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent authority pursuant to

As to the disclosure order and notification order, the Defendant has no criminal record of a sex crime, and the circumstance shown in the background of the crime of this case or the record alone has a habit of sexual assault crime against the Defendant.

In light of the fact that it is difficult to readily conclude that there is a risk of recommitting sexual assault crimes, and other benefits and effects expected by the instant order or notification, disadvantages and side effects therefrom, etc., the Defendant may not disclose and notify personal information under 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.