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(영문) 인천지방법원 부천지원 2014.10.06 2014고합153
유사강간
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:00 on June 23, 2014, the Defendant: (a) found the victim D (the 23-year-old)’s body under the influence of alcohol and opened a corrected entrance in the residence of the victim D (the 23-year-old), and was aware that the victim was able to open the door, and opened the door, and was placed in the floor of the living room by forcing the victim’s arms into the door, forcing the victim’s arms into the door, leaving the door, and forced the victim’s arms into the door, leaving the door, leaving the victim’s arms into one hand, leaving the victim’s body, leaving the victim’s body, leaving the victim’s body, leaving the victim’s finger, and putting the hand into the panty, and putting the victim’s finger in the part of the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each photograph (Nos. 3 and 8 of the evidence list);

1. Application of Acts and subordinate statutes to each investigation report (No. 4, 7, and 11 of the evidence list);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; 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; Defendant committed the instant crime on a contingent basis under the influence of alcohol; and it is difficult to readily conclude that there is a risk of recidivism of sexual assault due to the lack of the record punished for sexual assault crimes; in this case, personal information registration and attending the sexual assault treatment course can be seen to have an effect to prevent recidivism by the Defendant to a certain extent.

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