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(영문) 서울북부지방법원 2018.04.27 2018고합31
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a student C (V, 26 years old)’s post-university of the university of the victim C (V, 26 years old).

At around 03:00 on July 16, 2016, the Defendant: (a) placed the victim who drinked alcoholic beverages together in the lake gate in Dongdaemun-gu Seoul, Dongdaemun-gu, “Eel”; (b) placed the victim on the part of the victim, placed him/her on the part of the victim, put him/her in his/her finger, put him/her into his/her finger, put him/her into his/her finger, and met the victim’s breast, and repeated the above actions on three-4 occasions.

Accordingly, the Defendant used the victim’s resistance impossibility to resist, thereby committing similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of photograph of the record of the use of the card by the suspect on the day of the crime, and the investigation report (the suspect's act on the day of the crime);

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. The main sentence of Article 62 (1) of the Criminal Act (the following conditions shall be considered in light of favorable circumstances for 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 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 a notification order, 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 punishment for sexual crimes and thus has a risk of recidivism or recidivism of sexual assault as he/she has no record of punishment for sexual crimes;

It is difficult to conclude that the defendant's participation in the registration of personal information on the defendant and sexual assault treatment program can prevent the defendant from repeating the crime.

Other circumstances shown in the records, such as the age, family environment, social relationship, expected side effects of the defendant's suffering and expected side effects, and the preventive effects of sexual crimes that can be achieved thereby.

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