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(영문) 청주지방법원 2018.01.12 2017고합290
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

The Defendant is a victim D (name, leisure, age 21) and a post-university relationship.

On June 6, 2017, from around 01:20 to around 01:20, the Defendant: (a) saved the victims of the same school, including the victims, who drinking alcohol with the students of the same school; and (b) led the victims of the victim, who drinking alcohol, to enter the victim’s self-defense room in Cheongju-gu, Nowon-gu, Nowon-gu; (c) made the victim’s fright and the suspension of panty, who was frighted in the bed part of the victim’s hand, into the victim’s body by inserting the victim’s fright and panty, and found the victim’s body into the victim’s body.

In this respect, the defendant used the victim's state of resistance impossibility to bring his fingers into the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of investigation report (with respect to the result of a response to a request for appraisal), and the Acts and subordinate statutes requesting appraisal;

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. 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 is the primary offender, the defendant is likely to cause secondary damage to the victim in the course of disclosing or notifying personal information of the defendant, and the defendant's crime is likely to have been committed contingently during his/her main offense;

It is difficult to recognize the defendant's personal information, the registration of the defendant's personal information, and taking lectures to treat sexual assault can expect to some extent the effect of preventing recidivism.

by an order of disclosure and notification.

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