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(영문) 서울남부지방법원 2017.08.10 2017고합164
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person with a disability of class 2 in the hearing disability.

On March 3, 2017, at around 07:15, the Defendant discovered the appearance of the Victim F (F, 45 years of age) who was driven on the floor under the influence of alcohol in the front of E located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. On the side of the victim, the Defendant her panty, her panty, her son, her son, and her son was her son, and her son was her son.

Accordingly, the defendant, under the influence of alcohol of the victim, committed an act of inserting fingers into the victim's sexual intercourse by taking advantage of the victim's potential state of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by the police with regard to F;

1. Application of photographic Acts and subordinate statutes to police officers;

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. 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 and a notification order, 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 being subject to criminal punishment for a crime of sexual assault before committing the instant crime, and the defendant has no record of being subject to criminal punishment for a crime of sexual assault

The effect of preventing recidivism can be expected even if there is no evidence to determine that there is no evidence to determine, the registration of personal information of the defendant, and the completion of sexual assault treatment programs.

In full view of the Defendant’s age, occupation, family environment, social relationship, background of the instant crime, benefits and preventive effects expected by the instant disclosure or notification order, and disadvantages and side effects therefrom, there are other special circumstances where disclosure of Defendant’s personal information may not be disclosed.

I think)

. Defendant and defense counsel;

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