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(영문) 서울중앙지방법원 2018.11.21 2018고합877
준유사강간
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 came to know through a group of college students related to the development of the victim D (n, 23 years old) and program. On May 21, 2018, the Defendant, after completing a seminars around 02:00 on May 21, 2018, took the victim under the influence of alcohol into the residence of the victim in Seoul Gwangjin-gu, Seoul, and went off all the clothes of the victim who was accumulated on the floor because he did not properly hold the body, and inserted the victim’s chest and the chest and drinking part into the part of the victim.

Accordingly, the defendant used the victim's resistance impossible condition to resist, thereby committing similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the F dialogue content;

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

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 an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the first criminal of the defendant is the criminal defendant and the crime in this case is committed against many unspecified victims)

It is difficult to conclude that it has an effect to prevent recidivism even with an order to register personal information on the accused and to attend a lecture for treatment of sexual assault.

In addition, in full view of the defendant's age, family relation, social relation, preventive effect expected by the disclosure order or notification order, and the disadvantage and side effect resulting therefrom, the personal information of the defendant is the personal information of the defendant.

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