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(영문) 서울중앙지방법원 2019.01.11 2018고합893
유사강간
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Punishment of the crime

On June 22, 2018, at around 05:10, the Defendant: (a) 05:10 on the part of the victim C (V) located in Jongno-gu Seoul Metropolitan Government on the part of the victim C (V, 19 years of age) in TV, and was placed on the part of the victim; (b) as a result, the victim was placed on the part of the victim; (c) the victim was lying on the part of the victim’s body; (d) the victim’s body was divided into the victim’s upper part into the victim’s upper part; (e) the victim’s body was forced by suppressing the victim’s body into the victim’s upper part; and (e) the victim was frighted into the part of the victim’s panty; and (e) the victim was frighted into the part of the victim; and (e) the victim was able to fright the victim’s chest with the victim’s her finger, and frightd into the victim’s body.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The application of the contents of each D conversation and text messages to the Acts and subordinate statutes;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); 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);

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and 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 has no record of criminal punishment for sexual crimes prior to the instant case, and it is difficult to readily conclude that the Defendant is likely to recommit a sexual crime against an unspecified female in light

In addition, the sentence of imprisonment to the defendant, the registration of personal information, orders to complete sexual assault treatment programs, and child and juvenile-related institutions.

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