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(영문) 광주지방법원 2018.05.04 2018고합94

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 sent a diving face to the victim who completed Aurbapt around October 20, 2017, at the same university as the victim D (names, n, 20 years of age) and frighted from the back of the same university. < Amended by Act No. 15014, Oct. 20, 2017>

Contacting the defendant, the defendant was able to talk with the victim, divide his talk with him, and get on the defendant's house.

On October 20, 2017, the Defendant: (a) around 01:10, from the Defendant’s house located in the Northbuk-gu, Gwangju metropolitan apartment building 1303 to the front of his house, the Defendant: (b) carried the victim’s arms, leading the victim into the victim’s arms, leading the victim; (c) pushed the victim’s body with the wall, pushing the victim’s body with the wall so as to prevent the victim from leaving the body; (d) led the victim from leaving the body; and (e) rout the victim’s chests and frights of the victim’s chests and frights were added to the victim’s fingers; and (e) put the victim’s fingers into the panty in the panty, the Defendant knick-gu, Gwangju metropolitan apartment building 1303.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possibility of recidivism by the Defendant’s sexual crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and the notification order, and the effectiveness of the Defendant’s protection from the sexual crime subject to registration, etc.