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(영문) 부산지방법원 2018.09.28 2018고합226

유사강간

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a part-time student of "E" located in "E" in Busan-gu, Busan-gu, and the victim F (V, 20 years old) was a guest of the above club.

On September 24, 2017, in order to verify whether there are remaining customers, the Defendant went to the said club female toilet, and found that the victim drunked was discharged from the toilet, the Defendant re-filled the victim into the toilet partitions again, pushed the victim with the shoulder of the victim who want to come out of the toilet, kid the victim, kid the victim, kid the victim, kid the victim, kid the victim by hand, kid the victim's chest, kid the victim's chest with his hand, kid the victim's finger and clothes, and kid the victim's finger and clothes, and put the victim's fingers into the part of the victim's sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each investigation report (No. 10, 12, and 14 once a year) and accompanying documents;

1. Application of Acts and subordinate statutes to the submission of evidential materials and accompanying documents;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 Attend;

1. Article 47(1) and Article 49(1) proviso to 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, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age and social ties, records of the crime, details and motive of the crime, method and consequence of the crime, degree of disadvantage and anticipated side effects of the Defendant’s entry due to an order to disclose or notify information, the preventive effect of the sex crime subject to registration that may be achieved due to such order, the effect of the protection of the victim, etc. shall be comprehensively taken into account;

Since it is judged, it is ordered to disclose to the accused.