준유사강간
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 15, 2017, around 07:40 on December 15, 2017, the Defendant reported the victim E (n, 46 years old, and household name) (n, 46 years old, and household name) under the influence of alcohol to the Geumcheon-gu Seoul, Geumcheon-gu, Seoul, as well as the victim's clothes, and met the chest and vessel with the victim's clothes.
Defendant continued to cover the lower half of the victim’s body with a cover of the victim’s body and exceeded the victim’s inner part, and put his fingers into the sound part of the victim.
As a result, the defendant committed an act to put the victim's fingers into the victim's sexual organ by taking advantage of the victim's mental or physical loss or the state of impossibility of resisting.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of CCTV image Acts and subordinate statutes, such as field photographs;
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. 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 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 (in light of the background, method, etc. of the instant crime, there is a criminal tendency against many and unspecified persons solely for the instant crime in light of the background, method, etc. of the instant crime
It is difficult to readily conclude.
It can expect the effect of preventing recidivism even with the sentence of imprisonment with prison labor, the registration of personal information, and the order to attend school for treatment of sexual assault.
I seem to appear.
In addition, in light of all the circumstances, such as the defendant's age, family environment, and social relationship, the disclosure notification order has a big adverse effect on the defendant's disadvantage and anticipated side effects, but it can be achieved by such order.