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(영문) 대전지방법원 2018.08.09 2018고합159

준유사강간

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

Punishment of the crime

The Defendant came to know through the Victim C (Influence, name) and hosting.

On March 22, 2018, from around 01:00 to around 01:30, the Defendant: (a) brought a diving in Daejeon Dong-dong-gu, Daejeon; (b) 2 XX; (c) panty of the victim who is physically and mentally lost; and (d) fright of the victim by inserting left hand into the victim’s panty line; and (b) frighted the victim’s fingers into the victim’s sexual flag, thereby committing similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to genetic appraisal documents (Evidence No. 10);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

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 information, an order to notify, and an order to restrict employment; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse; Article 50(1) proviso proviso of Article 56(1) (the crime of this case is not an offense against many unspecified persons; the defendant has no record of being punished for a sexual crime; the defendant’s personal information registration of the defendant against the defendant and sexual assault treatment program alone appears to have the effect of preventing re-offending; and other circumstances, including the defendant’s age, family environment; circumstances leading to the crime of this case; disclosure order and employment restriction order, expected side effects and expected side effects of the defendant's personal information disclosure; benefits expected therefrom; and effects of the prevention of sexual crimes, there are special circumstances under which the disclosure of personal information of the defendant's personal information should not be ordered.

The reason for sentencing

1. Legal provisions;