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(영문) 서울중앙지방법원 2017.07.06 2017고합528
유사강간
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 written indictment of this case around 02:40 on April 6, 2017 stated “04:20 on the instant indictment,” but appears to be a clerical error in “02:40.”

In the main place of entertainment entertainment in Gwanak-gu, Seoul Special Metropolitan City, the victim D (n, 33 years of age) and the singing sound apparatus during drinking alcoholic beverages, which led to music, and the victim divided the victim into the victim's left hand and forced the victim to download the victim's right to a snick, and the next does not mean that the victim was forced to do so.

The sound included the finger hand of the victim's sound.

Accordingly, the defendant included a part of the body such as fingers in the victim's sexual organ by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Relevant Article 297-2 of the Criminal Act concerning 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 defendant has no criminal history of the same kind, and the defendant is expected to have the effect of preventing recidivism even with an order to register personal information and attend a lecture against the defendant to a certain extent;

In light of other circumstances, such as the Defendant’s age, family environment, and social relationship, etc. as shown in the argument in the instant case, the disclosure notification order has significant adverse effects on the Defendant’s disadvantage and anticipated side effects, while the sexual crime prevention effect, etc. which may be achieved by the disclosure notification order seems to be relatively low. However, there are special circumstances in which the disclosure of personal information may not be disclosed to the Defendant.

The reason for sentencing

1. The scope of punishment by law:

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