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(영문) 서울중앙지방법원 2019.01.15 2018고합548
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

Around August 5, 2017, the Defendant was accommodated in the Songpa-gu Seoul Metropolitan City D Hotel with the victim B (name, woman, C) on the ground that he/she prepared a test for a public notice of examination.

At around 03:00 on August 6, 2017, the Defendant: (a) took advantage of the victim’s scambling and diving in a scam room of the above telecom, and she scam and scam the chest; (b) continued to scam the victim’s chest and clothes; (c) attempted to scam the Defendant’s sexual organ into the part of the victim’s sound; (d) however, the Defendant did not come to the Defendant’s attempted to scam with the wind to restrain the victim from scaming the scam.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The written complaint prepared by B (tentative name) and the written statement prepared by the police officer with respect to B (tentative name);

1. Application of Acts and subordinate statutes to a criminal report (or to E-mail sent and received by a victim with a suspect);

1. Article 7 (6), (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

1. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. It is difficult to readily conclude that the Defendant had no record of punishment for the same kind of crime under 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 exempted from disclosure order and notification order, and the crime of this case alone is committed against many and unspecified persons. The Defendant, who lives at a certain residence, is relatively obvious in social ties, and is likely to have an effect of preventing recidivism even with the completion of a sexual assault treatment program.

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