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(영문) 인천지방법원 2018.10.05 2018고합476
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

around 07:19 on April 7, 2018, the Defendant was getting in the E stop located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, for the purpose of getting in the G, which is the FF bus in Incheon, and discovered the victim H (the 28 years old), who was under the influence of alcohol by being seated in the seat facing the light of 07:27 on the same day, and then was sitting back to the next her seat, and then the victim was frighted into the victim's panty, putting the Defendant's finger into the victim's sexual flag, putting the victim's finger into the victim's sexual flag, putting the victim's finger into the victim's sexual flag, excluding the victim's shoulder or body, breaking the victim's finger and body, and then putting the victim's finger into the victim's slab, thereby making the victim's chest into the victim's breast.

Accordingly, the defendant used the victim's resistance impossible condition to bring his fingers into the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H (victim);

1. CCTV images inside buses;

1. Application of Acts and subordinate statutes concerning the report of investigation;

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 Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds of the following sentencing):

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 disclosure and notification orders, 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 defendant has no record of criminal punishment, including sexual crimes, and the registration of personal information alone can prevent the defendant from repeating a crime to a certain extent;

In addition, the defendant's age, occupation, family environment and social relationship, the details, circumstances, and results of the crime of this case, and the disclosure order may be achieved.

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