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(영문) 서울북부지방법원 2018.02.12 2017고합513
유사강간
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

The defendant was at around September 2016, through a camping-friendly meeting of the defendant around 2016, the victim C (n, 25 years of age, 25 years of age) with the knowledge of peace.

At around 21:00 on August 13, 2017, the Defendant: (a) received the victim’s house from her natives, and her natives together with her natives, carried out drinking at her natives as well as drinking at her natives; (b) her finger by inserting his hand into the brogate of the victim’s her natives; (c) her mother side of the victim’s left breast part of the victim’s chest; (d) the victim her body was tight and refused, and her hand was tight and her fingered into the clothes of the victim’s body; and (e) her hand was brued two times into the part of the victim’s body, such as fingers, while her finger was deducted into the part of the victim’s sexual flag.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (documents submitted as evidence when the victim makes a statement and additional statements of the victim);

1. Application of the photographic Acts and subordinate statutes;

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

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 shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of 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 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 fact that the defendant acknowledges and reflects his/her crime, the defendant is the primary offender who has no record of crime, the defendant’s age, social relationship, etc. can prevent the defendant from repeating the crime even if he/she merely registers his/her personal information on the defendant and takes lectures to treat sexual violence against him/her;

In full view of the fact that it appears, the defendant is the defendant.

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