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(영문) 서울중앙지방법원 2019.07.19 2018고합850
유사강간
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Punishment of the crime

On December 15, 2017, at around 02:00, the Defendant: (a) drinking alcohol at the victim C (nive, 29 years of age)’s residence in Mapo-gu Seoul Metropolitan Government; (b) kid each person by drinking alcohol; (c) kiding the victim’s chest, and refused to do so, but (d) kid the victim’s chest, the Defendant her chest on the victim’s body; (b) kid the victim’s chest, and (c) kid the victim’s chest, who refused to interfere with the Defendant’s refusal by hand, her fingers into the victim’s panty; and (d) her fingers into the part of the victim’s panty, thereby committing similar rape.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of the Do course photographs and the Acts and subordinate statutes on contents D;

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

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 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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, and Article 50(1) proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse may have an effect to prevent recidivism even by issuing imprisonment, registering personal information, order to complete sexual assault treatment programs, and order to restrict employment. In addition, the Defendant’s age, environment, family relationship, social relationship, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure or notification order,

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