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(영문) 의정부지방법원 2018.12.20 2018고합331
준유사강간
Text

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

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a man-child way in the victim B (V, 38 years of age) and is a man-child way in the male-child group in the victim B and a man-child group in the aftermath.

On August 5, 2018, from around 03:30 to around 04:0, the Defendant, at the second floor of the D community hall located in Namyang-si, Namyang-si, Yangyang-si, provided drinking together with the victim, etc., at the right-hand meeting of the D community hall 2, which is located in C, and, at the right-hand meeting, Dac was under the influence of alcohol, Dac was able to collect his finger with the victim's clothes, her finger was boomed, and her finger was collected once in the victim's sexual flag.

Accordingly, the defendant committed an act of inserting the fingers into the victim's sexual organ by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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 grounds for sentencing).

1. 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 information or an order to notify information, 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 (in such cases, the effect of preventing recidivism may be expected to a certain degree only after completing the registration of personal information and the sexual assault treatment program;

I seem to appear.

In addition, in full view of various circumstances, such as the defendant's age, family environment, and expected side effects on the defendant's suffering, benefits expected therefrom, and effects of the prevention of sexual crimes, there are special circumstances in which the defendant's personal information may not be disclosed or notified.

[Determination]

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018).

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