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(영문) 서울중앙지방법원 2017.11.02 2017고합925
유사강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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, along with two Defendant’s daily activities, proposed that “C club (“AF”) at the entrance of the Defendant was first sent to the victim (the 24 years of age) and his/her her fluor, “I am to drink as if he/she was fluored.” and led the Defendant to a restaurant in the vicinity.

At around 11:00 on April 22, 2017, the Defendant: (a) entered “E” toilets located in Gangnam-gu Seoul Metropolitan Government D, depending on the victim’s food room, and closed the door, and (b) entered the victim who was seated, with his/her own chest, and (c) inserted two to three fingers into the victim’s sound and the port, even though the victim was tightly pushed the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer's knowledge;

1. Notification to a department related to reporting 112 cases;

1. Each investigation report (Evidence list 14, 15, 19);

1. The application of Acts and subordinate statutes to each request for appraisal, legal and chemical appraisal, and genetic appraisal report;

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

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for 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 (no history of punishment against the accused for sexual crimes, and the relationship between the accused and the victim, etc.), there exists a criminal tendency against many unspecified persons solely for the instant crime;

In light of the following: (a) it is difficult to readily conclude that the Defendant orders the Defendant to take lectures to treat sexual assault for 40 hours for the purpose of preventing recidivism; and (b) in light of the Defendant’s age, family environment, and social ties as indicated in the instant argument, it is open to the public.

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