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(영문) 춘천지방법원 2016.04.08 2016고합1
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2015, at around 03:50 on 03:50, the Defendant sent to the victim, who was under the influence of alcohol at the lower seat of the passenger car of the victim E (26:3) that was parked in the D Total Broadcasting Bureau located in Chuncheon-si, Chuncheon-si, and inserted the fingers into the victim’s port by putting his fingers into the victim’s flag and her clothes, and inserting his fingers into the victim’s port.

Accordingly, the defendant committed an act of inserting fingers and sexual organ into the victim's resistance by taking advantage of the victim's mental or physical loss status.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol by police of each victim E;

1. Investigation report (a summary report of video recording filed by the complainant);

1. Application of Acts and subordinate statutes on response to requests for appraisal and expert opinion;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 Attend;

1. In full view of all the circumstances such as the Defendant’s family environment and social relationship, the Defendant’s age, occupation, disclosure order or effect of prevention of a sexual crime exempted from disclosure order, and the disadvantages and side effects that the Defendant suffered, the disclosure of the Defendant’s personal information is deemed to have a high risk of re-offending in light of the fact that the Defendant has no record of punishment for a sexual crime, the circumstances leading up to the crime, and the circumstances after the crime, etc., and it is difficult to view that the registration of personal information and the participation in the instruction of sexual assault treatment would have an effect on preventing re-offending to a certain extent. The Defendant’s personal information is disclosed or the Defendant’s personal information is to be removed, taking account of all the circumstances such as the Defendant’s family environment and social relation, as well as the benefits and effects expected from disclosure order or notification order, and the disadvantages and side effects that the Defendant suffered.

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