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(영문) 서울중앙지방법원 2020.10.29 2020고합758

유사강간

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2019, at around 22:30, the Defendant: (a) around December 22, 2019, the Gangnam-gu Seoul Metropolitan Government Ba-gu 1st underground floor Defendant’s room in the “Defendant’s 1st underground floor”, (b) sealed the victim C (here 52 years of age) who is arranging the room into the seat of the victim, and laid the victim into the seat of the victim, and (c) added the victim into the seat of the victim, and (d) said victim “non-higher, why is,” and (d) said victim’s chest was raised by both hand by the victim’s hand.

After that, the defendant gets off a restaurant in the room, closed the door again, and tried to tightly fit the victim by hand with the seat of the victim, but the victim returned back the door, and then knicked the victim's fingers into the victim's panty, and included his finger in his fingers within the victim's sexual organ.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing the Kakao Stockholm content to the police statement submitted by C;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 notify, and Article 49(1) 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 that a defendant is in danger of recidivism or recidivism of a sexual crime; the Defendant’s age, character, and character appears to have the effect of preventing recidivism of a sexual crime solely with an order to attend an education and registration of personal information on the