logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.08.13 2019고합118
유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 06:00 on August 11, 2018, the Defendant: (a) requested “E” while drinking alcohol together with the victim D (the victim, the female employee, the age of 23), and “E” during drinking alcohol; and (b) expressed the victim’s refusal to “I am free from her,” but (c) expressed the victim’s refusal to “I am free from her, women’s son, etc.” on one hand, the Defendant committed an act of inserting part of the body, such as the victim’s fingers, by putting the victim’s fingers and her fingers into the part of the victim’s sound, assault, or intimidation.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Investigation report (CCTV investigation);

1. Application of Acts and subordinate statutes on the closure screen;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. The main sentence of Article 56(1) 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 the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act

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 or 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 have no record of punishment for a sexual crime; the personal information registration of the defendant against the defendant; taking courses in sexual assault treatment and employment restriction order alone appears to have the effect of preventing recidivism by the defendant; the defendant's age, occupation, and society.

arrow