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(영문) 청주지방법원 2018.05.18 2018고합15
준유사강간
Text

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.

Reasons

Punishment of the crime

The defendant and the victim C (the family name, the female, the age of 21) are between friendlys.

On July 28, 2017, around 08:30 on July 28, 2017, the Defendant was putting the victim's male-friendly E and the victim in a room room room in Gwangju-si, Gwangju-do. However, the Defendant was putting the gap in which E and the victim have deep locked up to the drinking part through the lower part of the other victim's audience.

As a result, the defendant used the victim's resistance impossible condition to put his body into the victim's sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

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

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 said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that it is favorable below):

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 disclosure order or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that the defendant has no record of punishment for a sexual crime, the fact that the defendant has no record of being punished for a sexual crime, and the defendant has a record of registering personal information on the defendant and taking lectures in treating sexual crimes can prevent recidivism

In light of the fact that the defendant's age, occupation, family environment, social relationship, method and result of the crime, preventive effect expected by an order of disclosure or notification, disadvantage and anticipated side effects of the defendant's entry, protection of the victim, etc., there are special circumstances in which the disclosure or notification of the defendant's personal information may not be made.

(C) The defendant is found to have been convicted of the facts constituting the crime in which personal information is registered and submitted.

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