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(영문) 서울중앙지방법원 2021.01.21 2020고합985

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, from March 15, 2014, from around the same day to around the same day, from around the same day, the victim C (the name, the 24 years old at that time, the 24 years old) and drinking at the restaurant and the drinking house located in Sejong City B, had a late place for the victim's night, and the victim changed to the house, and the victim changed to the residence of the victim in Sejong City D with the victim.

On March 15, 2014, the Defendant took care of the victim's residence, taken her clothes from the victim's scam, she scamed with her hands, and inserted her sexual organ into the part of the victim's scam.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to C (tentative name);

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 or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019);

It is difficult to readily conclude, and only the registration of personal information and lecture attendance order for the defendant can have the effect of preventing recidivism to a certain extent.

In addition, the personal information of the defendant is disclosed in full view of all the circumstances, such as the disadvantages and side effects expected to be suffered by the defendant, the age of the defendant, family environment, etc. due to the disclosure order and notification order.