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(영문) 대구지방법원 경주지원 2014.05.30 2014고합11
준유사강간
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 December 24, 2013, at around 01:00, the Defendant, at around 01:00, committed an act of inserting the Defendant’s finger in the victim E (here, 36 years of age), who is a workplace partner in Sinsan City, was under the influence of alcohol in the opening place, using the victim’s panty to have her panty and to have her knick, her knick, and her finger into the victim’s sexual flag.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made by victims E;

1. Relevant Articles 299 and 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 repeated in favor of the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

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 first offender, and the crime of this case is committed contingently, and it is difficult to readily conclude that the Defendant has a sexual assault habitor. In this case, it is deemed that the Defendant’s personal information may not be disclosed or notified to the public on account of the fact that the registration of personal information and the order to attend a sexual assault therapy alone would have an effect to prevent recidivism to a certain extent. Thus, the reason for sentencing is that the Defendant’s personal information may not be disclosed or notified.)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The scope of recommended sentences according to the sentencing guidelines [the determination of types of punishment] the general criteria for sex crimes (the subject of the age of 13) and the scope of offenses (the general rape) - the mitigated elements: the mitigated elements of punishment [the decision of the recommended area] mitigated areas [the scope of recommendation] 1 to 2 years and adult similar rapes are included in the category 1, but the upper limit of the sentencing range is limited to the range of sentence.

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