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(영문) 서울중앙지방법원 2019.11.22 2019고합521

준유사강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On October 28, 2018, at around 03:52, the Defendant misleads the U.S. victim C (n. 23 years of age) who was a U.S. passenger boarding the Defendant’s B's car in the Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government No. 3 of E-U.S., to the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government D and E, was under the influence of alcohol within the vehicle, and went off from the Defendant’s house in the 04:30 on the same day, and then put the finger into the part of the victim.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s mental condition.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness’s legal statement 1. internal investigation report (CCTV tracking investigation 1), internal investigation report (CCTV tracking investigation 2), CD (CCTV), investigation report (specific suspect), and each appraisal report (Evidence No. 11, 14)

1. Application of F text messages to Acts and subordinate statutes;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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

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 (the Defendant has no record of criminal punishment for sexual crimes prior to the crime in this case, and it is difficult to readily conclude that there is a risk of recidivism against the Defendant. Personal information and orders to complete a program on the Defendant appear to have the effect of preventing recidivism to a certain extent. In addition, comprehensively taking account of all the circumstances such as the disadvantages and anticipated side effects that the Defendant will suffer due to an order to disclose or notify information, and the age, occupation, home environment, social relationship, motive, means, and consequence of the crime in this case, there is no special circumstance to disclose or notify the Defendant’s

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;