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(영문) 서울북부지방법원 2018.08.24 2018고합89

준유사강간

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 03:00 on October 17, 2017, the Defendant, along with the victim D(W, 19 years of age) who was friendly in B-School C C in Seoul Special Metropolitan City, Nowon-gu, with the victim D(W, 19 years of age) who was in the interim examination factory, was placed in the victim's clothes locked in the laboratory be put in the part of the victim's hand, and the victim's chest was stored in one arms.

Accordingly, the defendant included part of the body such as fingers in the victim's sexual flag.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the Acts and subordinate statutes of conversation content and investigation report (Submission of sound recording of the content of conversation and conversation);

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

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to 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, notify, or restrict employment; 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 proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant has no record of criminal punishment against sexual crimes before the instant case; the Defendant has a risk of recommitting a sexual crime against an unspecified female, in light of the relationship between the Defendant and the victim;

It is difficult to readily conclude.

In addition, the sentence of imprisonment to the defendant, the registration of personal information, and the order to complete a sexual assault treatment program can have the effect of preventing recidivism.

I seem to appear.

In addition, the defendant's age, environment, family relationship, social relation, motive for the crime, method and result of the crime, disclosure, notification and employment restriction order, the extent and expected side effects of the defendant's disadvantage due to the disclosure, notification and employment restriction order, and the prevention of sexual crimes subject to registration and the victim thereof.