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(영문) 대전지방법원 천안지원 2017.09.13 2017고합167

준강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Around 00:00 on April 13, 2017, the Defendant: (a) 401, the residence of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) Da, etc., and (c) Doing with the aforementioned D, etc., and had been engaged in diving at another room; (c) Doing from both the victim E (one-year-old, 18 years-old) who had been suffering from the victim’s lower end; and (d) Doing the victim under the influence of alcohol, the Defendant made quasi-rape by having sexual intercourse once with the victim under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. Statement protocol by the police for E;

1. G self-statements;

1. Application of Acts and subordinate statutes to investigation reports (the attachment of materials to be submitted by victims E, and confirmation at the scene of crimes);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the disclosure and notification order of registered information may have a significant impact on the defendant, so prudentness is required for the exemption from disclosure and notification order.

The crime of this case is not a sexual crime against many unspecified persons, and there is no history of a sex offense against the defendant, and in this case, there is considerable effect to reduce the risk of recidivism by registering personal information and taking lectures to treat sexual assault.

In light of other circumstances, such as the Defendant’s age, sex, family environment, and social ties, it appears that the effect of preventing sexual crimes, etc., which may be achieved by the disclosure and notification order compared to the disadvantages and expected side effects that the Defendant may sustain, appears to be relatively less, and the special circumstances that may not disclose the Defendant’s personal information are acknowledged. The reasons for sentencing are as follows.