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(영문) 서울중앙지방법원 2019.09.04 2019고합618
준유사강간
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 07:00 on January 22, 2019, the Defendant, at the “P” club located in Seocho-gu Seoul Metropolitan GovernmentO, drinked with the victim Q (name, bal, 21 years of age) and drinking in the near frequency of drinking and drinking in the near frequency, the Defendant her fluenced the victim from around 11:38 to 12:0 on the same day as the victim so far as he/she was so drunked, and she moved the victim into the male toilet room located on the first floor of the Seocho-gu Seoul RR building, and laid off the victim’s clothes, and laid down the victim’s fingers.

Accordingly, the Defendant, under the influence of alcohol, committed similar rape against the victim in a state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the police statement of Q Q;

1. Each written appraisal (No. 12 and 16 No. 5 of the evidence list);

1. He/she shall hear statements from victims;

1. Application of statutes to on-siteCCTV CDs and toilet structure;

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

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 or notify information; 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 sole fact of a sentence of imprisonment to the defendant, registration of personal information, order to complete sexual assault treatment programs, and order to restrict employment is deemed to have a certain degree of effect on the prevention of recidivism; and there are other special circumstances that may not disclose or notify the defendant's personal information in full view of the following: (a) the disadvantages and anticipated side effects that the defendant may suffer due to an order to disclose or notify information; (b) the defendant's age, character and conduct;

1. The main sentence of Article 56 (1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse, the Addenda to the Act on Welfare of Persons with Disabilities, shall be December 11, 2018;

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