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(영문) 서울북부지방법원 2018.08.10 2018고합190

준강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

around 02:30 on April 5, 2018, the Defendant was under influence of alcohol in Dobong-gu Seoul, Dobong-gu, and 101 on 101, and was under influence of alcohol, and was under influence on the side of the victim D (V, 20 years of age) who was under the influence of resistance, and became under the influence of the victim, and became under the influence of the chest by inserting his hand into the part of the victim, and sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a criminal investigation report (any letter sent by the victim immediately after the crime is committed);

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

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances shall be considered for 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 to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify and an order to restrict employment, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of being punished as a sexual crime).

The crime of sexual assault of this case alone has the tendency to sexual assault against many unspecified persons to commit the crime of this case.

It is difficult to see it.

It can be effective to prevent the recidivism of the defendant even with the order to register personal information of the defendant and attend lecture for treatment of sexual assault.

I seem to appear.

In light of these circumstances, there are special circumstances in which the defendant's personal information shall not be disclosed or notified to the public, and special circumstances in which the defendant shall not issue an employment restriction order to the public.

The reason for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of punishment recommended on the sentencing criteria [the type of punishment].