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(영문) 울산지방법원 2016.10.07 2016고합229
유사강간
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2016, the Defendant: (a) around 01:00, the Defendant d-2, which was teaching subjects in FDA-2, was under the influence of alcohol, went to F (one-year age) of the victim F (one-year-old) of E, his/her son, who was under the influence of alcohol, and was in charge of the shoulder of the victim; (b) prevented the victim from getting out of his/her her leg by taking the victim into two arms; and (c) put the victim’s chest into the knife and knife his/her knife into the knife part of the victim; and (d) put the victim’s chest into the knife part of knife.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to photographs of telephone details;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The Defendant’s personal information shall not be disclosed or notified, taking into account the following circumstances: (a) the Defendant’s age, family environment, social relationship, occupation, circumstance and consequence of the instant crime; (b) the degree and anticipated side effects of the Defendant’s disadvantage due to the instant disclosure order or notification order; (c) the effect that the Defendant was punished as a sexual crime in the past; (d) the Defendant’s sexual crime was not committed against many and unspecified persons; and (e) the registration of personal information ordered by this court; and (e) the effect that the Defendant could prevent recidivism to a certain extent only during the course of sexual assault treatment; and (e) the Defendant’s age, family environment, social relationship, occupation; (e) the process and consequence of the instant crime; and (e) the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order; (e) the effectiveness and effect of preventing sexual crimes that may be achieved; and (e) the effect of protecting the victims of sexual crimes.

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