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(영문) 대전지방법원 2018.09.14 2018고합292

준강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The defendant is the guest of the Dong-gu D party hall located in Daejeon-gu, Daejeon, and the victim E (V, 19 years of age) is the employee of the above party hall.

On November 4, 2017, 08:00 Gel 306 heading rooms located in Daejeon-gu, Daejeon-gu, Daejeon-gu, the Defendant, while drinking alcohol together at 306 heading rooms, exceeded the clothes of the victim under the influence of drinking alcohol, added the victim’s sexual organ into the part of the victim’s sexual organ, and had sexual intercourse by taking advantage of the victim’s mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Statement made by the prosecution against E;

1. Photographs (to photograph text messages of a victim's mobile phone), or photograph (to photograph CCTV images of the Gelto);

1. (E) a response to a request for appraisal (A) and the application of the legislation of the request for appraisal;

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

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 order to disclose, to notify, and to restrict employment, and 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 crime of sexual assault and thus has a risk of recidivism or re-offending of sexual assault;

It is difficult to conclude that the defendant's participation in the registration of personal information on the defendant and the lecture of sexual assault treatment can prevent recidivism.

In light of the overall circumstances, such as the Defendants’ age, occupation, and environment, the content and motive of the instant crime, and the method and consequence of the instant crime, there are special circumstances under which the Defendants’ personal information should not be disclosed or notified to the public or their employment should not be restricted by juvenile-related institutions, etc.

The decision is judged.