beta
(영문) 부산지방법원 동부지원 2018.08.21 2018고합44

유사강간

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 10, 2017, the Defendant: (a) around 23:15, at the “F main point” operated by the Victim E (F) located in the Nam-gu Busan Metropolitan City D shopping district; (b) while drinking alcohol together with G, the Defendant used the said G while drinking alcohol with one-way G, she forced the victim to dance by force; (c) obstructed the victim by plucking, plucking, bucking, etc. of both descendants of the victim; (d) put the finger over the victim’s civilian retail, booming the chest; and (e) put the Defendant’s finger into the part of the victim’s drinking part, she added the Defendant’s finger to the part of the victim.

Accordingly, the defendant, through violence, included the defendant's fingers in the victim's sexual organ and raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Each police and prosecution investigation report (the list of evidence Nos. 4, 6, 8, 10);

1. Application of field photographs, cards sales slips, and national card replies-related statutes;

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. In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the disclosure of personal information pursuant to the proviso to Articles 49(1) and 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the special circumstances under which the disclosure of personal information may not be notified

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