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(영문) 서울동부지방법원 2016.08.18 2016고합201
준유사강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 3, 2016, at the defendant's house located in Gangdong-gu Seoul Metropolitan Government C and 202 around 10:0, the defendant, after drinking alcohol with D, a workplace partner D, and women-friendly job offers victims E (the age of 26) (the age of locked, the age of 26) who had been under the influence of alcohol, and D and the victim were under the influence of alcohol by entering other rooms into the locked room, and was under the influence of alcohol, the defendant was under the influence of alcohol, and she was under the influence of alcohol and was under the influence of alcohol, and she was under the influence of alcohol and was under the influence of alcohol.

Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby committing similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E (the identity of a victim);

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to report on investigation (exploiting at the scene of occurrence and recovery of clothes for victims);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture or an order to provide community service;

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 (the Defendant has no record of criminal punishment for sexual crimes before committing the instant crime, and there is clear social relationship in light of occupation, residence, and family relationship, and the risk of recidivism by taking lectures on personal information registration and sexual assault treatment alone seems to be reduced.

Therefore, when balancing the preventive effects and side effects expected by an order of disclosure or notification to the defendant, special circumstances are recognized that the personal information of the defendant should not be disclosed or notified.

Defendant for registration of personal information.

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