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(영문) 수원지방법원 성남지원 2016.03.24 2015고합305
준유사강간
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

The defendant is a victim C (V, 31 years of age) and a person who was a worker.

On July 17, 2015, the Defendant, at around 03:00 on July 17, 2015, drinked the company fees and alcoholic beverages to the victim's house located in Seongbuk-gu, Sungnam-gu, Sungnam-si, and then locked in depth by the victim's bed, and then came in the victim's jackets and bed up to the bed by the victim's jackets and bed up to the bed and pans, and continued to put the Defendant's finger in the part of the victim's finger.

Accordingly, the defendant committed an act to put the fingers into the victim's sexual organ during which he was unable to resist due to diving.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to victims;

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 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 to Order;

1. There are special circumstances in which the disclosure or notification of personal information of a defendant may not be made in light of the defendant's age, occupation, risk of repeating the crime, type, motive, process of the crime in this case, seriousness of the crime, degree of disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's injury due to the disclosure or notification order, preventive effect of the sexual crime subject to registration that may be achieved, effect on the protection of the victim, etc. in light of comprehensive consideration of the defendant's age, occupation, risk of repeating the crime, type, process of the crime in this case, consequence and seriousness of the crime, disclosure or notification order, disclosure or notification order, etc.

(C) Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the defendant shall be subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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