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(영문) 인천지방법원 2018.09.14 2018고합335

준유사강간

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

On January 8, 2018, at around 02:25, the Defendant discovered the victim G (a name, leisure, age 18) who was drunk in the “F singing room” corridor located in Nam-gu Incheon Metropolitan City E, and was able to commit similar rape with the victim using the victim’s condition.

The defendant led the victim to the room 15 times, and forced the victim to wear by force, and forced the victim's chest by hand, and panty come to the victim's panty, and added the victim's head to the victim's panty and panty, and added the victim's head to the preparation of the victim's sexual organ by hand.

Accordingly, the defendant committed an act of inserting the sexual organ into the mouth of the victim by using the victim's mental or physical loss or non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G (tentative name);

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows):

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 disclosure and notification orders, 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 defendant has no record of criminal punishment, and the registration of personal information alone can prevent the defendant from repeating a crime to a certain extent;

In addition, considering the Defendant’s age, occupation, family environment, and social relationship, the details, circumstances, and result of the instant crime, the prevention of sexual assault crimes subject to registration that may be achieved by an order to disclose information, the protection effect of the victims, and the anticipated side effects, etc. of the Defendant’s disadvantage due to an order to disclose information, the Defendant’s personal information is personal.