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(영문) 광주지방법원 2019.09.20 2019고합198

유사강간

Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On February 16, 2019, the Defendant: (a) around 08:00, the Seo-gu Special Metropolitan City building and Xx victims C (name, leisure, 24 years of age) collected together with her friend and do drinking while she was trying to sleep her friend with her her friend, and (b) tried to sleep her her friend with his her her friend; (c) the Defendant her friended his her her friend with his her her friend part of the victim’s clothes that was accumulated on the Defendant’s side; and (d) the victim tried to her friend by her friend by inserting her friend with her friend; and (d) the victim again friended her friend with her frith, thereby having his friended her friended with her frithr.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Statement of each police statement about D and C;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 297-2 of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

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 information; 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 fact that the completion of a program to register personal information against the accused and to treat sexual assault may be expected to a certain extent to prevent recidivism; the extent and expected side effects of the accused’s disadvantage due to an order to disclose or notify the information; and the effect of preventing sexual crimes subject to registration that may be achieved due to such order; and the protection effect of the victim against sexual crimes subject to registration, etc., should be comprehensively taken into account;

1. Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;