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(영문) 의정부지방법원 2017.09.13 2015고합423

유사강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On August 8, 2015, the Defendant: (a) laid off a victim E (a) who was living together with the Defendant, and intends to be able to be hedging (a person, a woman, 50 years of age) in the care room 303, which is located in Dong Government-si, Si around 14:30 on August 8, 2015; and (b) the victim was inside the care room.

“At the time of the victim’s expression, the victim exceeded, and kisked off, and panty of the victimized person, and the victim did not resist the Defendant’s face by hand at one time, and laid two fingers into the part of the victim’s sound after not resisting the victim’s face by hand.

As a result, the defendant committed an act to put the fingers into the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes governing G and H’s written statement;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

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, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse (no criminal record has been committed against a defendant, and the circumstance that the crime was committed in the instant case or the record was revealed therein is that the defendant has a habit of or is likely to recommit a sexual crime;

It is difficult to conclude this case, only with the execution of imprisonment, the registration of personal information, and the completion of sexual assault treatment programs, can prevent the defendant from repeating the crime.

In addition, when considering the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention of sex crimes that can be achieved by such order, the protection of victims, etc., comprehensively.