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(영문) 서울남부지방법원 2014.05.08 2014고합96

유사강간

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault therapy for 160 hours.

(b) the defendant;

Reasons

Punishment of the crime

On November 30, 2013, the Defendant returned home under the influence of alcohol at around 23:00, and contacted the victim C (here, 49 years of age) who was known to his usual domicile, and sought it to the family where the victim was living together.

At around 01:20 on December 1, 2013, the Defendant, at the house of the victim of the D apartment apartment Dong Dong Dong, 01:0, 00, she drinked with the victim, but the victim, who refused to do so, she was "mala" while she was unable to leave the victim so as to be tightly, so long as she was unable to do so by one hand, she divided the body of the victim's body and divided the body head of the Dong who was above the body of the victim into the victim's resistance, and shed the victim's fingers and her fingers into several parts and resistances of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of the victim C;

1. 112 Application of Acts and subordinate statutes governing the details of report;

1. Article 297-2 of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify information, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that “any special circumstance that may not give notice of personal information shall be deemed to exist” as one of the grounds for exception to

The issue of whether the defendant's age, occupation, risk of recidivism, etc., characteristics of the crime, such as the type, motive, process, result, seriousness of the crime, etc., the degree and expected side effects of the disadvantage of the defendant resulting from the notification order, the effects of the sex crime that can be achieved, and the protection of the victim from the sexual crime.