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(영문) 서울서부지방법원 2015.01.23 2014고합298

유사강간

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

At around 07:10 on August 23, 2014, while the Defendant was under the influence of alcohol in front of the parking lot of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant reported the body in the future in order to find the cell phone lost by the victim D (the age of 34) and brought the victim into the breast by forcing the victim to go in the future, forced the victim to go in the future. The Defendant was buckbucked by inserting the hand in the left hand, making the hand buck up in the state of making the body unbucked so far, and the Defendant continued to put the hand into the panty car where the victim was suffering, and then put the hand in the part of the victim's drinking part.

Accordingly, the Defendant committed similar rape by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written statements in D and E;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders, 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 (in light of the effect of the Defendant’s above-mentioned punishment through the punishment of this case, it is not likely that a sexual crime cannot be committed easily, and the Defendant’s initial crime of this case also appears to have an effect to prevent recidivism of the Defendant to a certain extent by taking into account the following circumstances: (a) the registration of personal information and participation in the sexual assault treatment program alone appears to have an effect to prevent recidivism; and (b) the disclosure and notification of personal information of the Defendant is expected by the disclosure order or notification order of this case; and (c) the disadvantage and side effect therefrom.