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(영문) 수원지방법원 평택지원 2014.09.03 2014고합128
유사강간
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:00 on March 5, 2014, the Defendant: (a) 14:00, the Defendant took care of the victim E (n, 60 years of age) who was found to be a customer and sought clothes from Pyeongtaek-si; (b) she saw the victim as both arms after the victim’s drinking; (c) she saw the victim as the victim’s horses; (d) she kids the victim again; and (e) she prevented the victim from resisting; and (e) she she kids the chest by hand; (e) she continued to put the victim’s fingers into the victim’s panty; and (e) put the victim’s fingers into the part of the victim’s drinking; and (e) put the victim’s fingers into the part of the victim’s drinking, thereby harming the victim by assaulting the victim.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made by the police officer on the victim's statement;

1. Application of the Acts and subordinate statutes recording investigation report of police preparation; and

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (3) and Article 2 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify registered information; (b) 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’s age, occupation, family environment, social ties relationship; (c) criminal records; and (d) the risk of recidivism; (d) profits and preventive effects expected by an order to disclose or notify personal information of the Defendant; and (e) disadvantages and side effects of the order (see, e.g., Supreme Court Decision 2011Do16863, Feb. 23, 2012] The reason for sentencing [the scope of applicable sentences under law]

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