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(영문) 서울북부지방법원 2020.05.15 2019고합434
유사강간
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 12, 2018, the Defendant: (a) around 11:10, Chungcheongnam-si Bcondo, Chungcheongnam-si, Bcondo, from around the victim D (the victim’s name, amb, 19 years of age) to be accumulated above the victim’s her bed, thereby having the victim’s sexual organ knife with his sexual organ, knife his knife his knife his knife, and knife his knife his knife his knife into the Defendant’s knife; and (b) continued to have the victim’s knife his knife with his arms while refusing

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Examination protocol of suspect of F by the prosecution (including installations and statements made by victims D);

1. Examination protocol of police suspect regarding F (two times);

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to criminal investigation reports (Submission of a victim's sound recording file), CDs, record files;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. An order to disclose or notify an employment restriction order, exemption from disclosure or notification order: Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Employment: Exemption from an employment restriction order: Article 56(1) proviso 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 Act on Welfare of Persons with Disabilities (Amended by Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities is difficult to readily conclude that the Defendant is in danger of recidivism of a sexual crime, such as having no record of punishment for a sex crime; the effect of the instant crime can also be prevented only by issuing imprisonment;

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