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(영문) 서울동부지방법원 2020.04.09 2020고합27
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 July 1, 2019, at around 01:00, the Defendant kiddd on a fluent room located under B of the Seoul Mining Area under the influence of alcohol, such as the fluence and brea of a victim C (the fluor, the fluor, the 20 years old), and fluord on the part of the victim, and fluordd on the part of the victim.

Accordingly, the defendant has committed similar rapes against the victim in a state of mental disorder or impossibility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (related to responses with the results of request for appraisal), each gene appraisal report, and legal chemical appraisal report;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

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

1. The reason for sentencing seems to have the effect of preventing recidivism even with the sentence of imprisonment with labor, registration of personal information, and order to attend a lecture for sexual assault treatment, in full view of the defendant's age, environment, family relationship, method and consequence of the crime, disclosure, notification order, and employment restriction order, the degree of disadvantage and anticipated side effects of the defendant's entry, prevention of sexual crimes that can be achieved due to such order, protection of victims of sexual crimes, etc., the proviso to Article 49 (1), the proviso to Article 50 (1), the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities.

1. Legal provisions;

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