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(영문) 서울남부지방법원 2017.05.11 2017고합128
준유사강간치상
Text

A defendant shall be punished by imprisonment for not less than two years 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

On January 2, 2017, 15:10, the Defendant found out the appearance of the Victim F (43 tax) off and diving in the E-WIG room located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, with the full clothes of the Victim F (43 tax). On January 2, 2017, the Defendant met the Victim’s bridge several times by side of the Victim.

As a result, the defendant applied the diesel to the victim's port on the victim's bridge, added his fingers to 1-2 times in the victim's port, and added his fingers to the victim's port on the victim's port, and added his fingers into the victim's port on the victim's port.

Accordingly, the defendant put the victim's sexual organ into the victim's resistance by using the victim's potential state of resistance, and in this process, the victim suffered injury to the victim due to the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Photographs of damaged place;

1. Photographss of the mixed sea cover coats used by the person under consideration;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victims);

1. Relevant Article of the Criminal Act and Articles 301, 299, and 297-2 of the Criminal Act concerning the selection of criminal facts;

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 disclosure and notification orders, 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 fact that the defendant has no record of being punished for the same crime before committing the instant crime, the fact that the defendant has no record of being punished for the same crime before committing the instant crime, the registration of personal information of the defendant against the defendant, and taking lectures in treatment of sexual assault

In addition, the defendant's age, family environment, social relationship, disclosure and notification order to the defendant.

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