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(영문) 수원지방법원 평택지원 2019.06.14 2019고합25
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

At around 07:00 on September 30, 2018, the Defendant, at the victim’s friendly dwelling space with the victim’s victim’s B (n, 24 years of age) and first met with the victim’s friendly ties and the Defendant’s friendly ties, she met with the victim’s friendly ties and her friendly ties, and her fingers into the victim’s panty, and her fingers into the part and her fingers.

Accordingly, the defendant committed an act of inserting the defendant's fingers in the victim's sexual intercourse by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The CD-recording materials submitted by the victim;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

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 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 age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. The defendant enters the military court due to his/her age, family environment, and social ties, records of the crime, details and motive of the crime, methods of committing the crime, the risk of recidivism, and the order of employment restriction, as prescribed by the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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